Legal Question in Personal Injury in Pennsylvania
passerby injured,landlord or tenant responsible?
hello, my parents are landlords,they lease to an individual
who operates a popular franchise. an elderly woman fell and
injured her hand back on feb/2002. my parents know the woman
and until now the injury was covered by her insurance and
there was no mention of any legal action. she fell while
stepping either on or off the sidewalk walking past the
property. both landlord and tenant are insured. my questions
are who is more likely liable and is the 1 1/2 year waiting
period going to be an issue? please advise, thank you
2 Answers from Attorneys
Re: passerby injured,landlord or tenant responsible?
Your inquiry raises several questions:
First, in order for this woman to bring a valid case against your parents, there must have been some defect in the sidewalk, or something on the sidewalk, such as ice or snow. If so, the question becomes who knew or should have known about the condition, and repaired it.
Ultimately, the lease between your parents and their tenant, will determine who is responsible for maintenance of the sidewalk. What does the lease say?
Finally, the statute of limitations in PA is 2 years. The fact that 1 1/2 years have passed is not really a factor.
Any other questions, please e-,ail me.
Re: passerby injured,landlord or tenant responsible?
Andrew answered the technical questions, but I see another question between the lines of your posting, and I'll answer that.
Assuming the insurance company hasn't sent your parents any notice of disclaiming coverage (and it sounds like a garden variety claim so there shouldn't be any issue of coverage) the insurance company will provide them a lawyer who will defend the suit and, undoubtedly, ultimately settle it.
The lawyer will be able to answer any questions about responsibility, etc.
With the statute of limitations being 2 years, it's very common that suit gets filed in this time frame. It's not clear whether her attorney has just given notice, or whether they had been in touch with the insurers and just filed suit.
The plaintiff's own insurance would only cover her expenses, not pain and suffering, etc. But leave it to the insurance companies. The case will settle sooner or later.