Proving Your Tenant Is Falsifying A Slip And Fall Accident

30 November 2016
 Categories: Law, Blog

If you are a landlord, and recently one of your tenants filed a claim against you indicating that they had fallen in a parking lot because of your negligence in removing ice promptly, you may have considered fighting against their claim in a court of law. If you took the steps to make sure the area was free of any frozen precipitation, and you believe your tenant is trying to receive monetary compensation fraudulently, hiring a lawyer to help prove their claim has been falsified can be done with your help by taking the following steps.

Show Proof You Removed All Ice And Snow Promptly

If you have a maintenance worker or if you hired a snow plowing service to handle inclement weather removal, there is most likely documentation available for you to show a judge in a courtroom situation. If you had done the ice removal on your own, it will be necessary to provide photographic or video evidence in addition to gathering any witnesses who may have seen you in the act of handling the maintenance work. 

Check With Neighbors To See If There Was A Witness Around

Contact each neighbor within view of your parking area to see if they had noticed the work being done in the removal of ice or if they had witnessed the person falling in the area. Someone may have been looking out of their window when either of these scenarios occurred, giving you the advantage in court to fight the case. Someone may have noticed the tenant scouting around for a prime area to stage their fall, or they may remember seeing a maintenance vehicle on the property proving you did indeed take the necessary steps in removing the hazard.

Gather Information About The Tenant To Show Demeanor

If your tenant has been difficult in the past, you may have documentation proving they had requested work to be performed on their home without a just reason. There may also be paperwork showing they were late with payments or perhaps you have voice mails or emails showing they had a poor attitude when it came to tasks they wanted done free of charge. This will be helpful in proving that this person had been a problem in other instances, perhaps placing a shadow of doubt on their intentions regarding the fall.

Take Photographs To Help Your Case

Make sure to take pictures of your parking area as soon as you find out there is a suit filed against you. Taking close-ups of the area where the person claimed to have fallen may help in showing there are no concave portions in the lot in this area, making it unlikely moisture accumulated to form ice. It is also a good idea to hire a private investigator to tail the person who had made the claim. If they are able to get around and do their daily activities without difficulty after they had claimed to be injured, photographs of them in action will help prove they are trying to convince others they are hurt when actually, they are not.

Contact a firm like A Affordable Attorney Gerling Law Group to learn more.