Legal Question in Personal Injury in Pennsylvania

Being Sued for Slip and Fall on a Foreclosed Property

I left my home in Phildelphia 9 yrs ago because of major drug activities. I called the bank and informed them that I was unable to sell the property and for the safety of my children was leaving the city. They told me the property would go into foreclosure, as sad has this made me I understood. I have just received a civil action for a slip and fall that happen at said property against myself and the city of Philadelphia. Since the home was foreclosed on how can I be held reponsible for this. Please help I am a single mother who has nothing and am emotionally a wreck since receiving this.


Asked on 12/06/03, 10:58 am

2 Answers from Attorneys

Andrew Solomon Law Office of Andrew A. Solomon

Re: Being Sued for Slip and Fall on a Foreclosed Property

First, you should be aware that most lawyers would not pursue this case against you because you had no insurance. Most plaintiff's lawyers take these cases on a contingency basis, and if there is no hope of getting paid, they will not pursue the case. Second, the plaintiff would have to prove negligence on your part. Since you were not in possession of the property at the time, it would be nearly impossible to prove negligence against you. Finally, in order for the plaintiff to successfully sue the city, in a case like this, they would typically add you as a plaintiff, because under the law, the owner is primarily liable and the city is secondarily liable.

You should contact Community Legal Services, and if you meet their income requirements (presumably you cannot afford to hire a lawyer), they will appoint a lawyer to represent your interests. Their phone number is 215-893-5300.

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Answered on 12/06/03, 12:45 pm

Re: Being Sued for Slip and Fall on a Foreclosed Property

Well, the injured person is suing because you are the owner of the property; the mortage company only holds the mortgage. Title does not pass from you until the foreclosure action is completed. That may not happen because the property is in such bad area. Likely, the person suing is more interested in collecting fromt the city rather than you. If you have not personally been served papers, than there is no offical action being taken against you-I could go into the law technicalites but you probably would end up being more confused. To rid yourself of the property you should prepare a quitclaim deed to whoever you want to give it to. That does not affect the outstanding mortage. People often confuse who has the title-YOU and who owns the note or debt that the property owner is supposed to pay-the the mortage company.

PS this is only a general answer as I am not licensed in the Commonwealth of Pennsylvania. Hope this helps.

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Answered on 12/06/03, 10:39 pm


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