Legal Question in Personal Injury in California

I am being sued by a man that was injured on the sidewalk in front of a home that I previously owned. I did not own the property at the time of the accident and hadn't owned it for a year and a half prior to the accident.I was handed a summons and need to response within thirty days and I need to pay $395.00 filing fee to the court.What are my options?

Asked on 12/07/10, 7:20 pm

3 Answers from Attorneys

Steven Simons Law Office of Steven A. Simons

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Just because you no longer own the property does not mean you can not be liable for injuries that occurred. I suspect that the injured party is seeking to assert a negligent maintenance claim against you.

Did you have homeowners insurance at the time you owned the property? Do you have homeowners insurance now? I would tender the defense to either insurance company. Otherwise, have an attorney contact the Plaintiff's counsel and try to determine what the claim is.

My office can help with this if you need.

God luck.

Answered on 12/12/10, 8:23 pm

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I have no idea where Simons gets the idea that someone can sue for negligent maintenance of a property you do not own or maintain at the time of the accident. Well you can sue someone for anything, but I know of no legitimate theory of liability he could be talking about. Before you go tendering anything and risking jacking up your insurance rates, you should get a copy of your deed to the new owner and send it with a letter to the plaintiff's attorney asking that he dismiss you from the action. If he refuses, ask him for a two-week extension to find an attorney and file and answer. Then you should immediately tender as Mr. Simons advises, under both your homeowners insurance policy from when you owned the house, and any homeowners or renters policy you have now.

Answered on 12/13/10, 1:27 pm

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