QUESTION
Can I be accountable for a tenant injury before I own the property?
Asked on Oct 31st, 2011 on Personal Injury - Oregon
More details to this question:
I recently purchased a rental property and the previous tenant (under the old property owner) is suing me for an injury which occurred to him. The injury occurred before I was the owner. The plaintiffs lawyer claims that I can still be held accountable. Is this true?
22 ANSWERS
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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No. It is not true.
Answered on Jun 02nd, 2013 at 10:23 PM
General Practice Attorney serving Indianapolis, IN
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Broad Law Firm, LLC
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Based on the limited facts presented, I am not aware of any theory under Indiana law where you can be held liable in this instance. Regardless, since you are a landlord, I am assuming you have liability insurance. If that is the case, you can turn the lawsuit over to them and they will have to hire an attorney to defend you. If they do not, you should consult an attorney in your area.
Answered on Feb 17th, 2012 at 12:28 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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It depends on how the sale was conducted and what the sale documents say. If you were insured, turn it in to your carrier. If not, make a demand on the seller to indemnify you.
Answered on Nov 08th, 2011 at 8:28 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Plaintiffs lawyer is a blowhard. If incorporated the obligation remains. If you bought it as an individual tell the lawyer I said he is a blowhard.
Answered on Nov 03rd, 2011 at 5:59 PM
Personal Injury Attorney serving Spanish Fork, UT
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Utah Legal Team
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As a Plaintiff's attorney I would not sue you because you would have no liability unless it can be shown that you had "equitable title" to the property which means the property was transferred to you but you actual title may have been delayed. The Plaintiff is probably bringing you into the action as a means of identifying additional insurance companies.
Answered on Nov 02nd, 2011 at 9:49 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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If you bought the property as being owned by a corporation where the corporation owned the property and you bought the corporation, then the corporation still has liability. If you personally bought the property after the accident occurred, then you have no liability.
Answered on Nov 02nd, 2011 at 9:34 PM
The purchase documents included a provision that you assumed the previous owner's liability. Who is the attorney making that claim? What county? Ask him for legal authority that supports his client's claim.
Answered on Nov 02nd, 2011 at 4:27 PM
Family Law Attorney serving McDonough, GA
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South Atlanta Family Law
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I do not believe so unless you assumed all previous liability in your purchase agreement.
Answered on Nov 02nd, 2011 at 4:12 PM
Theodore W. Robinson
I don't believe so since there was apparently no claim divulged or action started before you bought the property. Speak to a local lawyer about it just be sure. Good luck.
Answered on Nov 02nd, 2011 at 1:33 PM
If the property had insurance at the time of the accident, then refer the injury to the insurance company. If there was no insurance, you may be liable depending on what the purchase agreement says. Talk to your insurance company, and then talk to a lawyer. The insurance company (if there is one) should provide you with a lawyer.
Answered on Nov 02nd, 2011 at 1:24 PM
Real Estate Litigation Attorney serving Newport Beach, CA
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Fink & Abraham LLP
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Unless you contractually assumed liability for the injury when you purchased the property, Plaintiff's attorney has a unique theory of the law.
Answered on Nov 02nd, 2011 at 11:30 AM
Bankruptcy Chapter 11 Attorney serving Dacula, GA
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Chronister Law Firm, LLC
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You appear to fall under the realm of contract, property and tort (personal injury) law. Once you sign a purchase agreement, barring language in the contract to the contrary, you have assumed the risk in some, but not all, situations. If you are being sued, you may want to consider bringing the seller into the suit. Depending on how an attorney wants to tackle this one, the seller of the property could be held liable for pre-existing conditions. So, in short, yes, you can be sued as the legal owner, but your back-up may be that the seller was in actual possession of the property at the time of the incident.
Answered on Nov 02nd, 2011 at 11:30 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Did you buy the property, or did you buy the company that owns the property? You can't be held liable if you did not own the property, but the company can be held liable if it did.
Answered on Nov 02nd, 2011 at 10:00 AM
Gary Moore
If you purchased a corporate entity which owned the property, you could be liable. If you purchased the property following the occurrence of the accident, I do not see how you can be liable since it is the owner of the property at the time of the accident who is obligated to maintain lease premises in a safe condition.
Answered on Nov 02nd, 2011 at 9:41 AM
Assault Attorney serving Richardson, TX
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It is possible. You may need to bring the old landlord into the suit. Check the sale documents to see the extent of his liability.
Answered on Nov 02nd, 2011 at 9:40 AM
Steven D. Dunnings
Contact the insurance company of the previous owner and you insurance company.
Answered on Nov 02nd, 2011 at 9:40 AM
Personal Injury Attorney serving Marietta, GA
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Law Office of Ronald Arthur Lowry
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No. The only way would be if the previous owner was a corporation and you bought the corporation. The corporation then could still be held liable with you as the owner.
Answered on Nov 02nd, 2011 at 8:59 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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I don't think so but you need a defense so call your insurer and tell them what has happened. They will contact the prior owner and give them notice so the prior owner's insurer can respond.
Answered on Nov 02nd, 2011 at 8:57 AM
Personal Injury Attorney serving Richmond, VA
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Blank & Marcus, LLC
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No, unless you assumed the liability in your purchase agreement.
Answered on Nov 02nd, 2011 at 8:57 AM
Plaintiff's Personal Injury Attorney serving Seattle, WA
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Shaw Legal Solutions
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Unless you agreed to take on any prior claims when you purchased the property, the answer is no. By analogy, you wouldn't be responsible for an auto collision for a car you purchased that had injured someone before you bought it.
Answered on Nov 02nd, 2011 at 8:55 AM
Depends on the contract of sale. If you assumed the liabilities of the seller, then probably yes.
Answered on Nov 02nd, 2011 at 8:54 AM
For specific legal advice and representation, you should retain your own landlord/tenant or real estate lawyer, or at least consult with one regarding your liability before you purchased the property.
Answered on Nov 02nd, 2011 at 8:54 AM