Legal Question in Personal Injury in Minnesota

Guest fell off of roof.

Hi,

My parents have a rental property. While they were gone on vacation, a tenant (who is also a friend of my brother) threw a party without their knowledge. One of the guests (22 years old) had too much to drink, climbed up on the roof, fell off, and broke both his wrists. What is the extent of my parents' liability?


Asked on 8/26/02, 4:06 pm

1 Answer from Attorneys

David Kelly-952-544-6356 Kelly Law Office

Re: Guest fell off of roof.

Their liability would be pretty limited. The injured party would have to show that your parents did something negligent. From the story you tell, I don't know what that could be.

To be liable, the landlords have to be shown to have been negligent in doing or failing to do something which directly caused the injury. If the injured party had fallen down a stairs which should have had a railing and didn't, liability is possible. But how were they negligent? Doesn't sound as if they were.

Sounds as if the injured party was injured as a result of his own negligence. He may not have a claim against anyone.

Landlords sometimes have insurance that provides some coverage regardless of negligence - particularly when it comes to paying medical expenses. They should check with their insurance agent to see if they have such coverage.

They should also have liability coverage so that if there is a claim, the insurance company will provide a lawyer to defend it. Just because there is no claim doesn't mean that some young lawyer with lots of student loans to pay won't bring a lawsuit anyway.

Landlords should always carry plenty of liability coverage.

Good luck.

This response is for general information purposes only and does not create an attorney-client relationship. You are advised to consult the attorney of your choice concerning the details of your case.

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Answered on 8/27/02, 1:34 pm


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