If we ownour home but rent thethe that it sits on, who is responsible in case someone is injured on the property?

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If we ownour home but rent thethe that it sits on, who is responsible in case someone is injured on the property?

We live in a mobile home community where we own our home but rent the lot the home sits on. The park mows the lawn, dictates where shrubs can be planted, says no fences can be erected, and says only their “For Sale” signs may be posted in the yards. My wife broke her ankle by stepping in a hole in a neighboring yard. Is it the park’s responsibility or is it the homeowner’s responsibility?

Asked on June 15, 2011 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The first issue is who is responsible for maintance of the land, in the sense of filling in divots or holes--e.g. would it be the homeowner who has to do this, or the community? A second issue is how did the hole get there--was it the neighbor's kids or grandkids pretending to dig for pirate treasure? That would make the neighbor responisble. Or was it the community's landscapper, digging a hole for shrub? That would make the community responsible.

To seek reimbursement, you'll need to submit a claim vs. the relevant insurer(s)--homeowner's and commumnity's--and, if they don't pay and  you still want to pursue it, suing the homeowner and community. You probably want to claim against both the neighbor and the community (in a legal sense; it's up to you whether it's worth any disruption in relations, etc.) and then, as the case goes on, you'll have a better chance to determine who was responsible for the hole and injury.


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