If afriend is renting our basement and recently fell on wet leaves on the steps when taking her dogs out, can she sue me?

She has renters insurance.

Asked on December 2, 2011 under Real Estate Law, Maryland

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

As the owner of the property, you are liable for your friend's injury on the steps.  Your friend could file a personal injury claim with your insurance carrier.  Her personal injury claim   would include her medical bills, medical reports, and documentation of any wage loss.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of her injury and will be used to determine compensation for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  If the case is settled with your insurance carrier, NO lawsuit is filed.  If the case is NOT settled with your insurance carrier, your friend could file a lawsuit against you for negligence.  If that happens, refer the matter to your insurance carrier.  Your insurance carrier will provide  you with an attorney at no cost to you.  Your insurance carrier will handle the case for you.  This type of case is usually settled with the insurance carrier without a lawsuit being filed. If the case is not settled with the insurance carrier and your friend does not file a lawsuit prior to the expiration of the applicable statute of limitations, your friend will lose her rights forever in the matter and her lawsuit will be barred by the statute of limitations. 


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