Slip and Fall Suit Against me.

11 Replies

Hello All- i'm panicking as it looks like im getting served from someone's lawyer who claims that they slipped and fell outside my property. Still gathering the details but it seems like they fell outside on the side walk walking by and had two knee surgeries since. 

Problem is I don't have insurance on this property since I bought it from the Sheriff's sale and forgot to insure it after 9 months. Second problem is that I was missing stairs railing to go up to the front door, however not sure if they will be using that against me, they most likely will but my answer is what were you doing on my steps? who are you? (my tenant doesn't know who this person is).

My main concerns are: I own 4 properties under this LLC , 3 of them have a mortgage but this one does not. Thinking worse case, if they win this case...Im assuming they will come after all properties until full amount is satisfied..

1-Can they force me to sell (bank gets their money first and they get the rest) or they would just put a lien on the properties?

2- Should i transfer the 3 other properties under new entities now before things go too far?

3- Should I refinance this property (where they fell) to get some money out, that way the bank is automatically the first lean holder? 

Thank You all very much for the help

Speak to an attorney, knowledgeable in the slip and fall defense.  Transferring properties out of the llc will be clawed back later if they are successful.

@Reda Akbil oh crap, I feel for you... Could it be a scam or something? Did you check with the city to whom the sidewalk belongs to? It it is near the house a good chance is that it's not even yours.

@Reda Akbil as has been mentioned, you must get an Attorney on board ASAP.  

However, I wouldn't be overly concerned.  I've had a slip and fall claim on (2) of my commercial properties in the past and in both instances the claimant's were unable to prove they actually slipped on our property. One of them we had on video that proved she did not slip, but the other was just her word without any witness' and in the end without a witness to corroborate the story the Judge dismissed the claim.  Still cost us a few thousand in defense fees but that was much less than the alternative.  I was of the opinion in both cases that they were just fishing for a settlement and chose to fight the claim rather than entertain any type of settlement and I'm glad I did.

Best of Luck!

Originally posted by @Wayne Brooks :

Speak to an attorney, knowledgeable in the slip and fall defense.  Transferring properties out of the llc will be clawed back later if they are successful.

 only way to successfully do this is to sell them arms length to a third party and take your cash..  they wont be able to stop you from selling .. but as Wayne says just transferring them to another entity will get found and unwound., not sure how much the free and clear one is worth.. but once lawyer finds out there is no insurance... and if you don't have significant equity.. might never go anywhere as its highly unlikely lawyer will take it on contingency with no insurance to go after.

Sorry and I know this wont gather favor but offer 5000.00 cash now and pay attorney for paperwork and make sure you always have proper insurance in place so doesn't happen again.