Slip and fall, he fell on wet grass taking short cut to dumpster.

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Slip and fall, he fell on wet grass taking short cut to dumpster.

Deanna McCormick
Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes

So question,, I'm thinking of giving my insurance company a heads up.. or should I wait..

My tenant broke his leg needed surgery and plate put in... He told me he was walking down the hill next to the paved driveway to the trash bin,, the grass was wet and he slipped and fell.. He's lived there over 6 years and is a reliable tenant.. It happened at noon and although were in MN we have not had snow for several weeks and the driveway and grass was clear of all snow.. the grass was soft and probably as he said wet,, He didn't make it sound like he was considering anything ,, I said I'd get his mail for the next few days, and he said he'd have the rent and family was stopping in to check on him..

Would you call your agent.. I'm going to take photos of the lawn area tonight just in case. 

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Kim Meredith HamptonBusiness Member
Real Estate Broker · St Petersburg · Member since 2014 · 2k+ posts · 2k+ votes
9y

@Deanna McCormick I would call them to just give them a heads up,  better to be safe than sorry and caught behind the eight ball

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  • Jeff Sprunger
    Lockport , NY · Member since 2014 · 265 posts · 124 votes
    9y

    nope, wait it out.  check on him periodically to show you care!

    0Reply
  • Kim Meredith HamptonBusiness Member
    Real Estate Broker · St Petersburg · Member since 2014 · 2k+ posts · 2k+ votes
    9y

    @Deanna McCormick I would call them to just give them a heads up,  better to be safe than sorry and caught behind the eight ball

    [email protected]407-448-6679Podcast Guest on Show The Key to Scoring Discounted Deals in One of America’s Hottest Markets
    Compass | St. Pete514 Reviews
    WebsiteView Page
    1Reply
  • Rich N.Pro Member
    Investor · Haverhill, MA · Member since 2015 · 761 posts · 328 votes
    9y

    This is a bad case scenario, unlike he sprained and ankle, this is surgery and a plate.  Trust me, some of his family or friend will be whispering lawyer. 

    I would call the agent to log it.  Isn't there usually like some time limit you have to notify the insurance company ?

    1Reply
  • Deanna McCormick
    OP
    Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
    9y

    I'm calling my agent now.. and reporting the situation.. had I not met the tenant last night in the driveway by chance, I honestly don't know how I would have found out what happened. I rarely see this tenant.. he uses drop box for rent. 

    Thanks 

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  • Matt W.
    Rental Property Investor · Los Angeles, CA · Member since 2016 · 57 posts · 34 votes
    9y
    What is the harm in waiting? Insurance isn't going to not cover you because you failed to inform them of an incident that may or may not result in a lawsuit. If you do inform them, will they initiate a claim or contact the tenant which could eventually set things in motion? I always wait for an attorney to request insurance information if there is a serious incident. I can remember dozens of times where a slip and fall or other incident resulted in requests or threats for compensation but ultimately nothing being pursued legally. You should definitely file an incident report or similar and keep all records of times you spoke to the tenant and what they said following the incident. Look for any witnesses as well if there were any. Keep as much paperwork on this as possible and then wait to see what happens. Also, while I completely agree with you that a wet grass short cut is on the tenant in terms of responsibility, I had one slip IN THE RAIN in a garden style open building and still got $75k in settlement. I am still flabbergasted at that outcome. -Matt
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  • Deanna McCormick
    OP
    Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
    9y

    I'm going to call my attorney and see what she suggests, to do first. I did write up a summary of what was said between us last evening and sent it to myself in a email so I have that on record.. and am taking photo's this evening of the area. Nobody else was around. 

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  • Account Closed
    Investor · Denver, CO · Member since 2016 · 736 posts · 582 votes
    9y
    I don't think it really matters. Your agent isn't going to do anything until you file a claim. Your attorneys is going to tell you to document everything. Attorney will also say you probably aren't liable unless tenant can prove negligence.
    0Reply
  • Deanna McCormick
    OP
    Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
    9y

    I contacted my agent and he said basically the guy wouldn't have a "leg to stand on" regarding this incident.. He said to email him a recap of the conversation we had and he'd put it in my file and save if it was ever needed in the future. No Claim was started just documentation that I called and asked how to proceed and have complied so far doing that with my agent. 

    So that's what I've done and I'm taking photos also this evening of the area.

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