Legal Question in Personal Injury in Tennessee

aunt fell at rental cabin and wants to sue ME

I rented a cabin for myself, my mom, my aunt, my cousin and our children (3 of them) for mother's day weekend 09. I paid for everything. My aunt fell as we were leaving the cabin on Sunday to return home. I signed the rental agreement which stated they aren't liable for accidents, she mad cause I didn't read it to her and that she didn't sign anything and now she has hired an attorney and has said she's suing me since I signed the rental agreement and I was the one who invited her and that made her my guest. She fell because she was holding onto the spindle on the porch and it gave away with her. She was offered to be taken to the hospital but she said she was fine, she is having everyone that was there (except me) write up a statement about her falling, but the only person out there with her when the fall occurred and saw it was my mother, everyone else was still in the cabin bringing down suitcases.. I guess my question is, Can she actually sue me since I was the one who rented the property and signed the rental agreement. This happened in TN and we live in OH.


Asked on 6/01/09, 1:03 pm

1 Answer from Attorneys
Brian Halloran Brooking and Halloran, PLLC

Re: aunt fell at rental cabin and wants to sue ME

She can sue you and she can sue the landlord/rental agency. The rental agency/landlord would likely then claim back against you for indemnification under the lease agreement. However, if the defect in the property was latent (ie: not readily discovered) or known to the landlord and not disclosed to you, then you may have a good claim back against them. Since she was not a party to the lease, she can sue all parties involved.

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Answered on 6/01/09, 3:43 pm


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