Legal Question in Personal Injury in California
Is an endorsed check with liability release for damages legal?
A tenant of mine fell off a ladder injuring her knee.
she is on Disability & SSI with no employment. We came to a monetary agreement to avoid litigation. I wrote a check with ''endorsing this releases me from any action against me''.She cashed it then, 2 days later I am served with a complaint asking in excess of 5 million $.Note that the complaint was dated 30 days prior to our agreement.
She is seeking lost wages, yet had none at the time of the incident. She has admitted ''blame '' to other tenants. Ladder was not meant to be used on a regular basis, only to access storage loft, a fact she was aware of. What I really want to know is,is the agreement on the check a legal binding contract?
4 Answers from Attorneys
Re: Is an endorsed check with liability release for damages legal?
Your insurance should handle this.
You need to make sure an answer is filed within 30 days of the suit.
Generally, a statement on the back of the check will not avoid liability unless there were prior negotiations, and then it might be considered an accord and satisfaction.
JOEL SELIK Attorney at Law
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Re: Is an endorsed check with liability release for damages legal?
It depends on the facts and documents. I would need to see them in person and learn whether you made some verbal agreement to settle as well. You may contact me.
Re: Is an endorsed check with liability release for damages legal?
Your release may not be legally sufficient to be binding. I recommend turning this over to your insurance company immediatly. If you do not have insurance, I would be happy to give you a consultation on your defense. 818-427-6246.
Norm
Re: Is an endorsed check with liability release for damages legal?
Prior to getting to your main question, I am willing to bet based upon the information that you provided in your posting that you may have some valid defenses to your tenant's claim against you. With this said, the writing on the backside of the check that you gave to your tenant only creates an argument at most. I would recommend that you submit the claim to your insurance carrier. If you are not insured, I would be glad further discuss this matter with you.
818.943.0462.
Best regards,
David B. Lupoff, Esq.
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