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-   -   Florida Landlord being scamed (https://www.askmehelpdesk.com/showthread.php?t=265515)

  • Oct 1, 2008, 01:50 PM
    dongiddens
    Florida Landlord being scamed
    Received summons for 2 1/2 old accident that did not happen.

    Everything is wrong on it.

    They have got my address mixed up with the rental address where accident was supposed to have happened. My address is 2502, nextdoor, rental or accident location is 2520
    Nowhere on summons does it have accident address. Couple lived there for 6 months.
    Couple told or summon says she was at my location 2502 for the purpose of renting
    Property, walked through my location 2502 , walked out back door and fell through steps
    And damage happened.to her leg. They were renters next door at 2520 for 4 months before this supposed to have happened.

    Does all this inacurate information matter?
  • Oct 1, 2008, 04:49 PM
    Fr_Chuck

    It may matter, it is up to the judge, you appear in court and present your evidence and fight against any of their evidence
  • Oct 2, 2008, 07:51 AM
    rockinmommy

    Was your property rented at that time? Do you have a copy of a lease showing that someone else lived there then? That would be good evidence to take with you showing that you weren't attempting to rent out your property at that time. Did these people come view your property?

    Is the individual suing you? It may not be a bad idea to involve your insurance company. They will have specialized people who can investigate this type of thing and disprove their claim. It may also fall under some type of fraud and get these people in big trouble.

    I'm a little confused if you think it's a clerical error with the numbers in the address being transposed, or you think these people are actually trying to make a fraudulent claim?
  • Oct 2, 2008, 07:54 AM
    ScottGem

    These are minor clerical points that will probably be cleared up at the hearing.

    The salient facts are whether the plaintiff was injured on property owned by you, due to your negligence. Those are the facts that will concern a judge or jury.
  • Oct 2, 2008, 04:41 PM
    dongiddens
    Quote:

    Originally Posted by rockinmommy View Post
    Was your property rented at that time? Do you have a copy of a lease showing that someone else lived there then? That would be good evidence to take with you showing that you weren't attempting to rent out your property at that time. Did these people come view your property?

    Is the individual suing you? It may not be a bad idea to involve your insurance company. They will have specialized people who can investigate this type of thing and disprove their claim. It may also fall under some type of fraud and get these people in big trouble.

    I'm a little confused if you think it's a clerical error with the numbers in the address being transposed, or you think these people are actually trying to make a fraudulent claim?

    No insurance, they were renters at the time ,next door, at 2520,
    I have renta; receipys for nov, dec , jan.06, alledhed accident was march19 06.
    They never came over to my location 2502, Summons only talks about 2502

    Deffentley a fraudulent claim.

    He told me she cut her leg all up but I could not find any blood on broken step.. or ground.
    I heard from neighbor thst it was a scam.
    I had checked those steps and they were old but in fine shape enough to support
    90lb girl
    I had bought step and asked him where he wanted it front door or back
    Door and he daid oh no do not replace back door. Put it at the front door.

    This summons says FACTs not minor clerical points last time I checked facts meant
    Facts that would be far stretch Summons says she fell through steps at my place 2502
    When they tried to sue 2 12 yrs ago it was at their place next door 2520 but I had no insurance so thry did not sue sounds like a scam to me
  • Oct 2, 2008, 04:53 PM
    JudyKayTee
    Quote:

    Originally Posted by dongiddens View Post
    No insurance, they were renters at the time ,next door, at 2520,
    I have renta; receipys for nov, dec , jan.06, alledhed accident was march19 06.
    They never came over to my location 2502, Summons only talks about 2502

    Deffentley a fraudulent claim.

    He told me she cut her leg all up but I could not find any blood on broken step..or ground.
    I heard from neighbor thst it was a scam.
    I had checked those steps and they were old but in fine shape enough to support
    90lb girl
    I had bought step and asked him where he wanted it front door or back
    door and he daid oh no do not replace back door. Put it at the front door.

    This summons says FACTs not minor clerical points last time I checked facts meant
    facts that would be far stretch Summons says she fell thru steps at my place 2502
    when they tried to sue 2 12 yrs ago it was at their place next door 2520 but i had no insurance so thry did not sue sounds like a scam to me



    First, I'm an liability investigator. I investigate slips and falls (stairs, parking lots, sidewalks, public places, private residences) - which this is - all the time. Here's the other side of this and what the Plaintiff's Attorney will look at.

    The fact that they rented one address does not mean she wasn't hurt at another - she very possibly went next door for whatever reason, perhaps before/after vacating the unit she rented. Unless you keep a log book of everyone who comes to your door/onto your property, I don't think that's a defense.

    The fact that you found no blood means nothing. Did you take photos of the scene immediately upon being notified of the injury? At any rate, lack of blood means little.

    The steps don't have to be safe for a 90 pound person (and I don't know how you tested them) - they have to be safe for a person of average weight and size in all aspects - weight bearing, handrails, pitch, uniformity. What an "average" person weighs is at the discretion of the Court.

    If they tried to sue you for this same thing at another address, yes, it's entirely probable it's a scam.

    You have no insurance on either property? If you do, your insurance company will represent and defend you vigorously.

    If the neighbor has direct knowledge, a statement made by the "injured" person that this is a scam, that they faked it up and are filing a false claim, then take that person to Court with you and have him/her testify to that direct knowledge.

    In the meantime - respond to the Summons within the time frame or they will get a Judgment against you.

    Your statement "... last time I checked facts meant facts that would be far stretch" is unnecessarily dismissive to the people who are trying to help you. You can argue the meaning of words forever. You should be concentrating on defending against this lawsuit.
  • Oct 2, 2008, 05:13 PM
    dongiddens
    Quote:

    Originally Posted by JudyKayTee View Post
    First, I'm an liability investigator. I investigate slips and falls (stairs, parking lots, sidewalks, public places, private residences) - which this is - all the time. Here's the other side of this and what the Plaintiff's Attorney will look at.

    The fact that they rented one address does not mean she wasn't hurt at another - she very possibly went next door for whatever reason, perhaps before/after vacating the unit she rented. Unless you keep a log book of everyone who comes to your door/onto your property, I don't think that's a defense.

    The fact that you found no blood means nothing. Did you take photos of the scene immediately upon being notified of the injury? At any rate, lack of blood means little.

    The steps don't have to be safe for a 90 pound person (and I don't know how you tested them) - they have to be safe for a person of average weight and size in all aspects - weight bearing, handrails, pitch, uniformity. What an "average" person weighs is at the discretion of the Court.

    If they tried to sue you for this exact same thing at another address, yes, it's entirely probable it's a scam.

    You have no insurance on either property? If you do, your insurance company will represent and defend you vigorously.

    If the neighbor has direct knowledge, a statement made by the "injured" person that this is a scam, that they faked it up and are filing a false claim, then take that person to Court with you and have him/her testify to that direct knowledge.

    In the meantime - respond to the Summons within the time frame or they will get a Judgment against you.

    Your statement "... last time I checked facts meant facts that would be far stretch" is unnecessarily dismissive to the people who are trying to help you. You can argue the meaning of words forever. You should be concentrating on defending against this lawsuit.

    So it does not matter that she the one that is suing me does not know where
    The fall through the steps happened?
  • Oct 2, 2008, 05:21 PM
    excon
    Quote:

    Originally Posted by dongiddens View Post
    So it does not matter that she the one that is suing me does not know where the fall thru the steps happened?

    Hello dong:

    Nope, doesn't matter a bit. What matters is whether she was hurt on YOUR property - not whether she can remember the address.

    excon
  • Oct 2, 2008, 05:37 PM
    JudyKayTee
    Quote:

    Originally Posted by dongiddens View Post
    So it does not matter that she the one that is suing me does not know where
    the fall thru the steps happened?



    Right, it does not matter - unless it's deliberate fraud that you can prove. You said you have proof it's all a scam - as I suggested, take that person to Court with you. It's not going to be a test of her memory - it's going to be a matter of proving if she was or was not injured, if you own/owned steps that were or were not defective.

    Otherwise the wrong address is an error. You can always respond to the Summons with a denial of an accident at that address and use that as grounds for dismissal. They will then correct the address and sue you all over again.

    She either fell through steps you own or she did not. My guess would be that she has photos and medical reports. You have to counter that with your photos and your witness and a statement of how she actually was injured, if not in a fall through on your stairs.

    What does the condition of the steps indicate - that she fell or didn't, at either address?

    And what does your insurance carrier say?
  • Oct 2, 2008, 06:25 PM
    rockinmommy
    Quote:

    Originally Posted by dongiddens View Post
    No insurance, they were renters at the time ,next door, at 2520,
    I have renta; receipys for nov, dec , jan.06, alledhed accident was march19 06.
    They never came over to my location 2502, Summons only talks about 2502

    So your property was vacant at the time that the incedent supposedly occurred? So they could have been on your property w/out your knowledge?


    Quote:

    Originally Posted by dongiddens View Post
    He told me she cut her leg all up but I could not find any blood on broken step..or ground.
    I heard from neighbor thst it was a scam.
    I had checked those steps and they were old but in fine shape enough to support
    90lb girl
    I had bought step and asked him where he wanted it front door or back
    door and he daid oh no do not replace back door. Put it at the front door.

    Who is the "he" that you keep referring to? Whose steps did you check? Yours or your neighbor's?

    I think I'm even more confused now. They went after the neighbor - their landlord at the time - and got nowhere. Now they are coming after you for the same "accident" only now it occurred on your property, supposedly?

    Quote:

    Originally Posted by dongiddens View Post
    This summons says FACTs not minor clerical points last time I checked facts meant
    facts that would be far stretch Summons says she fell thru steps at my place 2502
    when they tried to sue 2 12 yrs ago it was at their place next door 2520 but i had no insurance so thry did not sue sounds like a scam to me

    Is this a small claims case, or a higher court?

    So do you own both properties? You say they tried to sue 2 1/2 yrs ago but YOU had no insurance.

    If you don't have any proof that this DIDN'T HAPPEN (just saying it didn't isn't proof) you might want to consult with an attorney if there's no insurance company to back you up.
  • Oct 3, 2008, 02:50 AM
    dongiddens
    Quote:

    Originally Posted by JudyKayTee View Post
    Right, it does not matter - unless it's deliberate fraud that you can prove. You said you have proof it's all a scam - as I suggested, take that person to Court with you. It's not going to be a test of her memory - it's going to be a matter of proving if she was or was not injured, if you own/owned steps that were or were not defective.

    Otherwise the wrong address is an error. You can always respond to the Summons with a denial of an accident at that address and use that as grounds for dismissal. They will then correct the address and sue you all over again.

    She either fell through steps you own or she did not. My guess would be that she has photos and medical reports. You have to counter that with your photos and your witness and a statement of how she actually was injured, if not in a fall through on your stairs.

    What does the condition of the steps indicate - that she fell or didn't, at either address?

    And what does your insurance carrier say?

    Ok
    How about I tried to replace step but was tokd not to?
  • Oct 3, 2008, 05:50 AM
    ScottGem
    Quote:

    Originally Posted by dongiddens View Post
    Ok
    How about I tried to replace step but was tokd not to?

    What about it? As Judy points out, the material facts are whether she was injured on your property and whether that injury occurred due to negligence on your part. The burden of proof is on her to show both of those things.

    You need to get a lawyer to defend you in case the suit comes to trial. The lawyer will help you prepare a defense.
  • Oct 3, 2008, 06:01 AM
    dongiddens
    Quote:

    Originally Posted by ScottGem View Post
    What about it? As Judy points out, the material facts are whether she was injured on your property and whether that injury occurred due to negligence on your part. The burden of proof is on her to show both of those things.

    You need to get a lawyer to defend you in case the suit comes to trial. The lawyer will help you prepare a defense.

    Ok thanks

    No money, last one I talked to attorney he wanted 5,000 up front.

    Only thing I have is my house and rental
  • Oct 3, 2008, 06:40 AM
    dongiddens
    Comment on ScottGem's post
    ++
  • Oct 3, 2008, 06:46 AM
    ScottGem

    So you rent property without insurance and now you want to deal with a lawsuit without an attorney. You think its better to risk paying out tens of thousands for a liability judgement or a few thousands for an attorney?
  • Oct 3, 2008, 07:08 AM
    JudyKayTee
    Quote:

    Originally Posted by dongiddens View Post
    Ok
    How about I tried to replace step but was tokd not to?


    I have explained this to you in great detail from years of experience - and I'll make one more try.

    It's YOUR property. It's YOUR job to make sure it's safe. Your tenant CANNOT dictate to you how/why to keep your property in good condition. You seem to have a whole list of excuses about how/why this happened but I don't see you taking any responsibility.

    If you KNEW the steps were a problem - back to the steps that are safe for someone who weighs 95 pounds - and did nothing, you were negligent. No question. I would personally keep this "defense" to myself as you are condemning yourself with your own statements.

    Turn this over to your insurance company. If you don't have insurance, be prepared to defend the lawsuit yourself (which you will certainly lose) OR retain an Attorney.

    Sorry if I'm being harsh but you are simply not understanding what I am saying.
  • Oct 3, 2008, 07:48 AM
    dongiddens
    Quote:

    Originally Posted by JudyKayTee View Post
    I have explained this to you in great detail from years of experience - and I'll make one more try.

    It's YOUR property. It's YOUR job to make sure it's safe. Your tenant CANNOT dictate to you how/why to keep your property in good condition. You seem to have a whole list of excuses about how/why this happened but I don't see you taking any responsibility.

    If you KNEW the steps were a problem - back to the steps that are safe for someone who weighs 95 pounds - and did nothing, you were negligent. No question. I would personally keep this "defense" to myself as you are condemning yourself with your own statements.

    Turn this over to your insurance company. If you don't have insurance, be prepared to defend the lawsuit yourself (which you will certainly lose) OR retain an Attorney.

    Sorry if I'm being harsh but you are simply not understanding what I am saying.

    Sorry not going to take any responsibility for something that did not happen.
    I do not think you understand everything that happened hopefuly the judge will.
    I am going to keepcalling to see if I can find one I can afford.
    I understand if I do this myself I will loose. Looks like I do not have anything else I can do.
    Yes I do not understand this.
    I never said I knew steps were unsafe.
    Before they moved in I agreed to put deck in front door
    I gave him plans for one in Jan.
    Never got back to me about what he wanted to do
    So I bought new step and ask where he wanted it front or back door and he said
    No do not replace back door put it in the front.
    So I offered to replace step but he refused my offer.
    Then the alleged accident happened.
    Guess this does not matter either but seems like it should to me.
  • Oct 3, 2008, 07:54 AM
    rockinmommy
    Quote:

    Originally Posted by dongiddens View Post
    Sorry not going to take any responsibility for something that did not happen.
    I do not think u understand everything that happened hopefuly the judge will.
    I am going to keepcalling to see if I can find one I can afford.
    I understand if I do this myself I will loose. Looks like I do not have anything else I can do.
    Yes i do not understand this.
    I never said I knew steps were unsafe.
    Before they moved in I agreed to put deck in front door
    I gave him plans for one in Jan.
    Never got back to me about what he wanted to do
    so I bought new step and ask where he wanted it front or back door and he said
    no do not replace back door put it in the front.
    So I offered to replace step but he refused my offer.
    then the alledged accident hapened.
    Guess this does not matter either but seems like it should to me.

    Who is "he" and "him"?

    Do you own both 2520 & 2502?

    Were these people YOUR tenants? Or the tenants of the owner of the neighboring property, and who owns it?

    So you're maintaining that she did not get hurt at either property?

    Who is your "witness" that they admitted this was a scam?

    I'm more confused than ever...
  • Oct 3, 2008, 07:54 AM
    JudyKayTee
    Quote:

    Originally Posted by dongiddens View Post
    Sorry not going to take any responsibility for something that did not happen.
    I do not think u understand everything that happened hopefuly the judge will.
    I am going to keepcalling to see if I can find one I can afford.
    I understand if I do this myself I will loose. Looks like I do not have anything else I can do.
    Yes i do not understand this.
    I never said I knew steps were unsafe.
    Before they moved in I agreed to put deck in front door
    I gave him plans for one in Jan.
    Never got back to me about what he wanted to do
    so I bought new step and ask where he wanted it front or back door and he said
    no do not replace back door put it in the front.
    So I offered to replace step but he refused my offer.
    then the alledged accident hapened.
    Guess this does not matter either but seems like it should to me.



    Again, it is not your tenant's choice to pick out plans for decks. That is your job as the landlord. I think we're beating a dead horse here but as a landlord it is your responsibility to KNOW that the steps were defective, particularly if the property is next door. And if they weren't defective, how did she fall through them?

    I trust you will come back and let us know how this works out.
  • Oct 3, 2008, 07:55 AM
    ScottGem

    Ok, this makes it a little clearer. But the question is why did you offer to replace the steps? Was it bacause they were damaged or just because they requested it.

    This is a key issue. If they just wanted a cosmetic improvement and you can show that you offered and they never followed up, that would help your case.

    However, if yhey reported a hazard and you waited on them to fix it, then you would be liable.

    If that can't prove the accident happened (medical records), then they will lose.
  • Oct 3, 2008, 08:47 AM
    dongiddens
    Quote:

    Originally Posted by rockinmommy View Post
    Who is "he" and "him"?

    Do you own both 2520 & 2502?

    Were these people YOUR tenants? Or the tenants of the owner of the neighboring property, and who owns it?

    So you're maintaining that she did not get hurt at either property?

    Who is your "witness" that they admitted this was a scam?

    I'm more confused than ever.......................................

    Who is "he" and "him"? Girl that says she fell through steps husband
    Do you own both 2520 & 2502? Yes
    Were these people YOUR tenants? Yes

    So you're maintaining that she did not get hurt at either property? Yes
    Who is your "witness" that they admitted this was a scam? Kid across the street that I got to do some yard work about same age as renter all grew up here in neighborhood
    So word get around.


    We were talking one day about doing some work in the yard and about the renter there
    And some how this step thing came up and I said those people tried to sue me yr ago
    Over some step and he said yea that's what he heard. I thought it was all over with so
    I did not ask any questions
  • Oct 3, 2008, 08:58 AM
    rockinmommy
    So what exactly happened with the case a year ago?

    They can't sue you for the same thing, so what was the outcome of that case?

    Do they have an attorney, or are they just trying to take you to small claims court, or what?
  • Oct 3, 2008, 09:01 AM
    excon
    Hello again, dong:

    Couple things...

    You don't want to take responsibility for something that didn't happen. That's understandable. However, from a legal perspective, let's LOOK at that.

    Of course, you don't. But, just because you don't WANT to, doesn't mean that a court won't make you. They certainly MIGHT. You apparently think court is about FAIR. It is NOT. It's about WINNING. You also think the kid who "heard" stuff, is going to be a witness that PROVES this accident DIDN'T happen. It doesn't prove anything. Even if you DO get him to court, the judge won't listen to him. It's "hearsay" evidence, and not admissible in court.

    Look, if this is a scam (and it certainly MIGHT be), we want YOU to be protected - NOT HER. You're our client, so to speak, and the stuff we're telling you is designed to help you KEEP your money.

    It doesn't matter whether this HAPPENED or not. What for sure IS happening, is that you're being sued. You need to defend yourself.

    excon
  • Oct 3, 2008, 09:04 AM
    dongiddens
    Quote:

    Originally Posted by ScottGem View Post
    Ok, this makes it a little clearer. But the question is why did you offer to replace the steps? Was it bacause they were damaged or just because they requested it.

    This is a key issue. If they just wanted a cosmetic improvement and you can show that you offered and they never followed up, that would help your case.

    However, if yhey reported a hazard and you waited on them to fix it, then you would be liable.

    If that can't prove the accident happened (medical records), then they will lose.

    But the question is why did you offer to replace the steps?

    Before they moved in I offered to build deck in front or back where ever thy wanted
    They were there for couple of months so I thought they would be good renters
    so was keeping my end of deal and starting the deak 6x12 with rail nice.
    the deal was I would pay and he said he had some friend that would build it.
    I went to HOme Depot and got plans for the deck and how much lumber and all
    we would need and gave the plans and diagram of deck
    to him (renter)
    He said it did not look real good and want to make changes
    so I said fine get back to me. He never did so about month or two
    I bought step because what I had wanted to do, replace steps
    This one step was a lot less then a whole deck so I was fine with that.
    I got step delivered and asked him where he wanted it. I thought he would say back door
    for sure because I was still under the impressions I was going to put deck in front.
    He said not to put it at back door put it at front door which I thought was strange
    at the time now I see why.

    They never reported anything about the step. This was all My idea about the deck
    and replaceing step
  • Oct 3, 2008, 09:08 AM
    rockinmommy
    Ok, so the step she allegedly fell through was out the back door, correct?

    And are the steps back there still the same steps that were there before, during and after they lived there? Are any of them broken?

    And I still want to know what happened with the case a year ago.
  • Oct 3, 2008, 09:19 AM
    dongiddens
    Quote:

    Originally Posted by rockinmommy View Post
    So what exactly happened with the case a year ago?

    They can't sue you for the same thing, so what was the outcome of that case?

    Do they have an attorney, or are they just trying to take you to small claims court, or what?

    So what exactly happened with the case a year ago?
    I received a letter from their attorney wanting my insurace info
    They called around and found out I did not have any so I never heard from t
    Hem again 2 1/2yrs ago until I received summons on 26th from different attorney
    There was no letter this time just summons.

    They can't sue you for the same thing, so what was the outcome of that case?
    I never got summons.

    Do they have an attorney, or are they just trying to take you to small claims court, or what? Yes they do. Claim is over 15,000 says she can not even work any more
  • Oct 3, 2008, 09:24 AM
    excon
    Hello again, dong (oh it's don, sorry)

    Uhhhh, they can take your house - both of 'em. You NEED an attorney. I wouldn't go for the CHEAPEST one either. Being cheap is what got you into this.

    excon
  • Oct 3, 2008, 09:28 AM
    dongiddens
    Quote:

    Originally Posted by rockinmommy View Post
    Ok, so the step she allegedly fell through was out the back door, correct?

    And are the steps back there still the same steps that were there before, during and after they lived there? Are any of them broken?

    And I still want to know what happened with the case a year ago.

    Ok, so the step she allegedly fell through was out the back door, correct?
    Yes next door at rental where they were renters for 5 months 2520
    Not where summons says 2502

    And are the steps back there still the same steps that were there before, during and after they lived there? NO

    Are any of them broken? No new

    And I still want to know what happened with the case a year ago
    No casr yr ago. 2 1/2 yrs ago when this supposedly happened they got attorney
    And the aattorney found out I had no Insurance they did not sue.
  • Oct 3, 2008, 09:31 AM
    rockinmommy
    Quote:

    Originally Posted by excon View Post
    Hello again, dong (oh it's don, sorry)

    Uhhhh, they can take your house - both of 'em. You NEED an attorney. I wouldn't go for the CHEAPEST one either. Being cheap is what got you into this.

    excon

    I agree with excon. If they get a judgement against you, you could lose one or both of your properties.

    If you don't have the cash laying around for an attorney I'd suggest you go get a small equity line of credit at your bank. I guess these properties are paid for - otherwise you'd need insurance on them. (Well, I use the word "need" loosely - this situation proves the need for insurance).
  • Oct 3, 2008, 09:32 AM
    dongiddens
    Quote:

    Originally Posted by excon View Post
    Hello again, dong (oh it's don, sorry)

    Uhhhh, they can take your house - both of 'em. You NEED an attorney. I wouldn't go for the CHEAPEST one either. Being cheap is what got you into this.

    excon

    My house is homestead in fl but rental for sure
  • Oct 3, 2008, 09:40 AM
    dongiddens
    Quote:

    Originally Posted by rockinmommy View Post
    I agree with excon. If they get a judgement against you, you could lose one or both of your properties.

    If you don't have the cash laying around for an attorney I'd suggest you go get a small equity line of credit at your bank. I guess these properties are paid for - otherwise you'd need insurance on them. (Well, I use the word "need" loosely - this situation proves the need for insurance).

    I will try that. Everyone is scaring me to death now.

    I thought this scam thing would be obvious but from all this I need an attorneyfor sure.
  • Oct 3, 2008, 09:49 AM
    rockinmommy
    Quote:

    Originally Posted by dongiddens View Post
    I will try that. Everyone is scaring me to death now.

    I thought this scam thing would be obvious but from all this I need an attorneyfor sure.


    Well, hopefully it will be obvious. And a good attorney can make it obvious.

    It's just TOO hard to go up against an attorney as a "civilian". They know all sorts of goofy little ins and outs about the law that most of us just don't know. They could basically wind up winning on a technicality - even though their whole claim is bogus.

    If you had come back and said that those steps are the same ones that were there when they lived there... maybe I wouldn't be so adament about this, but the fact that they're new - now almost looks like something may have happened on those steps.

    What I think you're going to be asked in court is "how do you know for sure that she didn't fall through those steps?" How do you know that?
  • Oct 3, 2008, 10:00 AM
    ScottGem
    What you seem to think is obvious isn't. Sure this may be a scam. They tried once and since you didn't have insurance, that attorney bowed out. Probably because he didn't want to take this to court. Normally something like this would be settled as a nuisance by your insurance company.

    But since you had no insurance, it means going to court. So, I'm guessing, they spent the next 2 1/2 years trying to find a shyster to take the case. I'll bet this guy is a real ambulance chaser, but he specializes in personal injury litigation and since he knows up front this is going to co to court, he's prepared.

    As I said earlier, all she needs to do is prove she was injured on your property. That may or may not be hard to do. But the attorney probably thinks he can do it.
  • Oct 3, 2008, 10:12 AM
    JudyKayTee
    Quote:

    Originally Posted by ScottGem View Post
    What you seem to think is obvious isn't. Sure this may be a scam. They tried once and since you didn't have insurance, that attorney bowed out. Probably because he didn't want to take this to court. Normally something like this would be settled as a nuisance by your insurance company.

    But since you had no insurance, it means going to court. so, I'm guessing, they spent the next 2 1/2 years trying to find a shyster to take the case. I'll bet this guy is a real ambulance chaser, but he specializes in personal injury litigation and since he knows up front this is going to co to court, he's prepared.

    As I said earlier, all she needs to do is prove she was injured on your property. That may or may not be hard to do. But the attorney probably thinks he can do it.



    Not defending Attorneys or clients - but some Attorneys will only take "easy" cases and others are more willing to dig in. With no insurance and nothing to seize but assets - and I don't know Florida law - the second Attorney is willing to roll the dice.

    I've seen Attorneys pass on cases for one reason or another and have another Attorney come in and win acros the board. Unfortunately, I've seen it go the other way, too.

    I've seen Attorneys back up when I find out there's no insurance. I've seen other Attorneys run with the case.

    You just never know.
  • Oct 3, 2008, 12:01 PM
    dongiddens
    Quote:

    Originally Posted by rockinmommy View Post
    Well, hopefully it will be obvious. And a good attorney can make it obvious.

    It's just TOO hard to go up against an attorney as a "civilian". They know all sorts of goofy little ins and outs about the law that most of us just don't know. They could basically wind up winning on a technicality - even though their whole claim is bogus.

    If you had come back and said that those steps are the same ones that were there when they lived there.................maybe I wouldn't be so adament about this, but the fact that they're new - now almost looks like something may have happened on those steps.

    What I think you're going to be asked in court is "how do you know for sure that she didn't fall through those steps?" How do you know that?

    If you had come back and said that those steps are the same ones that were there when they lived there... maybe I wouldn't be so adament about this, but the fact that they're new - now almost looks like something may have happened on those steps

    The one step in back was broken down like someone fell through it but I couldnot find one drop of blood anywhere and from what he told me about her injuryt to her leg it would be
    Impossible for that to have happened like that and no blood. I know no blood is not a defense but it adds to other things to make it clear to me that it is all bogus.
    So I had to replace back step and had all ready replaced fronf step.
    Steps were old, and old fashion metal frame 2 steps with wood steps.
    I wanted to replace them from start.
  • Oct 3, 2008, 12:08 PM
    JudyKayTee
    Quote:

    Originally Posted by dongiddens View Post
    If you had come back and said that those steps are the same ones that were there when they lived there.................maybe I wouldn't be so adament about this, but the fact that they're new - now almost looks like something may have happened on those steps

    The one step in back was broken down like someone fell thru it but I couldnot find one drop of blood anywhere and from what he told me about her injuryt to her leg it would be
    impossable for that to have happened like that and no blood. I know no blood is not a defense but it adds to other things to make it clear to me that it is all bogus.
    So I had to replace back step and had all ready replaced fronf step.
    Steps were old, and old fashion metal frame 2 steps with wood steps.
    I wanted to replace them from start.



    I've already told you blood means nothing to the Courts, to the insurance companies, to the liability investigators, to anyone but you
  • Oct 3, 2008, 12:15 PM
    achampio21

    I was just reading through this. I don't have any legal experience in this area but was curious as to the fact that the girl who was injured was on OP's property 2502(which I am believing to NOT be a rental but his residence) then wouldn't that be trespassing and the OP is not at all liable? Or does that stuff not matter when someone gets hurt?

    Again I was just curious. Not sure if this idea might have been overlooked or if it is silly and doesn't matter.
  • Oct 3, 2008, 12:17 PM
    dongiddens
    Quote:

    Originally Posted by rockinmommy View Post
    Well, hopefully it will be obvious. And a good attorney can make it obvious.

    It's just TOO hard to go up against an attorney as a "civilian". They know all sorts of goofy little ins and outs about the law that most of us just don't know. They could basically wind up winning on a technicality - even though their whole claim is bogus.

    If you had come back and said that those steps are the same ones that were there when they lived there.................maybe I wouldn't be so adament about this, but the fact that they're new - now almost looks like something may have happened on those steps.

    What I think you're going to be asked in court is "how do you know for sure that she didn't fall through those steps?" How do you know that?

    "how do you know for sure that she didn't fall through those steps?" How do you know that?
    The summons says this all happened at my location 2502, at 2502 I have concrete steps
    Been there for 70yrs. Not possible to fall through them so I am going to take pictures
    Of my house number 2502 and take picture of concrete steps and show that the steps
    At 2502 could not have broken.
  • Oct 3, 2008, 12:18 PM
    dongiddens
    Quote:

    Originally Posted by JudyKayTee View Post
    I've already told you blood means nothing to the Courts, to the insurance companies, to the liability investigators, to anyone but you

    I understand that
  • Oct 3, 2008, 12:24 PM
    dongiddens
    Quote:

    Originally Posted by achampio21 View Post
    I was just reading through this. I don't have any legal experience in this area but was curious as to the fact that the girl who was injured was on OP's property 2502(which I am believing to NOT be a rental but his residence) then wouldn't that be trespassing and the OP is not at all liable? Or does that stuff not matter when someone gets hurt?

    Again I was just curious. not sure if this idea might have been overlooked or if it is silly and doesn't matter.

    That's what I am saying , she was not really at my location 2502, that's were I live
    But summons say that's what happened, she really was renting from me next door at 2520
    And that where it supposedly hapeened in march 06

    If she was at my property she was trespassing

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