[dongiddens]

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?

[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

[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?

[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.

[dongiddens]

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

[JudyKayTee]

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.

[dongiddens]

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?

[excon]

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

[JudyKayTee]

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?

[rockinmommy]

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?

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?

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.

[dongiddens]

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?

[ScottGem]

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.

[dongiddens]

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

[dongiddens]

++

[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?

[JudyKayTee]

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.

[dongiddens]

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.

[rockinmommy]

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...

[JudyKayTee]

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.

[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.