Tenant's visitor claims hurt on job site when my contractor was building additon

[procogent]

I'm a landlord in Washington state and I just received a notice of small claims for $5000 from someone who was visiting a tenant of mine three years ago while I had a construction project going on. I've never even met this person but they're claiming they were injured and it cost them $5000 in lost wages. They have me listed as the 1st defendant and the contractor listed as the 2nd defendant.

I have no idea what the details are or if this claim is even legitimate. I also haven't even talked to the contractor in two years and have no idea who would even be at fault. Does anyone know if this is something that I would be liable for or what the best way to handle this situation is?

The tenant this person was visiting three years ago was a derelict habitual crack-user that I had to go through the whole eviction process with and still owes me several thousand dollars in rent and attorneys fees.

 

[STEPHAN]

When was the construction?

 

[procogent]

When was the construction?

The construction spanned a few months of time but they are claiming the injury occurred 11/18/2011, and the notice of small claim was filed 11/14/14.

 

[Zigner]

The construction spanned a few months of time but they are claiming the injury occurred 11/18/2011, and the notice of small claim was filed 11/14/14.

They squeaked in 4 days under the wire.

 

[procogent]

They squeaked in 4 days under the wire.

So is this something I could be held liable for? How does it work when both my contractor and I are defendants?

 

[TinkerBelleLuvr]

Have you notified your insurance company?

 

[procogent]

Have you notified your insurance company?

My homeowner's insurance?

 

[STEPHAN]

My homeowner's insurance?

Usually you have (limited) coverage for this. I googled a bit, but I could not see for sure how this is in Washington State. Who are you with? But regardless, I would talk to them first. Also, it might be your obligation to inform them ASAP.

 

[davew128]

Did your tenant have renters insurance?

 

[procogent]

I'm with American Family insurance. I can say for certain the tenant did not have renter's insurance.

 

[STEPHAN]

Talk to them!

From their website:

Protecting Yourself

Accidents happen ... and as a homeowner, you could be held liable for injuries to visitors that occur in and around your home due to unsafe conditions.

As an American Family homeowners insurance customer, we can help protect you from many types of liability claims and lawsuits brought by others for accidental bodily injury or damage to their property while in your home.