Property Management Indemnification

[Casey LaValle]

Hi All, I am really hoping to see if anyone else has faced a similar situation and may be able to provide some guidance. I had a tenant that broke through a second story wooden deck railing at 2 am and fell to the street and had injuries last year. I turned the claim over to the insurance company and had not heard anything in 6 months. Today I received a letter in the mail in regards to a lawsuit against my property management company by the tenant. In the letter it references an indemnification clause in my agreement with the property management company that there is a cross claim against me for any legal fees and loss to the management company as a result of the lawsuit. I could go into details of the case but all I feel is necessary is that an excessive amount of force had to have been used to break the railing the way it did and the timing of the fall makes it very likely drinking was the cause. I have sent the documents to the insurance adjuster and will be contacting a lawyer. If anyone knows a good lawyer in Cleveland Ohio please let me know. Do you know if my homeowners will step in and represent me in this case as well? Any advice or suggestions would be much appreciated. Thanks in advance. Casey

[Jason Bott]

@Casey LaValle the insurance policy on the rental will respond to the lawsuit.

Your Property management firm's insurance policy should be put on notice as well as they were in care, custody and control of the property. 

they should have the maintenance records, communication with the tenant, etc. that will be relevant in the case.