Proving landlord negligence

[steffb503]

What is the name of your state? NY
Received a letter from a lawyer that we are being sued for an "injury as a result of an accident because of negligence". Accident happened on 2/3/2021
I have no idea what accident the tenant is talking about. What type of proof would they need to file a suit?
Not sure if it matters but this tenant bounced 2 checks the month before. He included the amount on those checks in his next months rent check. I cashed it at his bank the very day the "accident" occurred. I even overheard someone yelling at him that their check bounced after I cashed mine.

If there was an issue with the apt shouldn't I have been notified?

 

[Ohiogal]

What is the name of your state? NY
Received a letter from a lawyer that we are being sued for an "injury as a result of an accident because of negligence". Accident happened on 2/3/2021
I have no idea what accident the tenant is talking about. What type of proof would they need to file a suit?
Not sure if it matters but this tenant bounced 2 checks the month before. He included the amount on those checks in his next months rent check. I cashed it at his bank the very day the "accident" occurred. I even overheard someone yelling at him that their check bounced after I cashed mine.

If there was an issue with the apt shouldn't I have been notified?

YOu should have been informed of any issues with the apartment in writing. Have you been served a copy of the lawsuit?

 

[Just Blue]

What is the name of your state? NY
Received a letter from a lawyer that we are being sued for an "injury as a result of an accident because of negligence". Accident happened on 2/3/2021
I have no idea what accident the tenant is talking about. What type of proof would they need to file a suit?
Not sure if it matters but this tenant bounced 2 checks the month before. He included the amount on those checks in his next months rent check. I cashed it at his bank the very day the "accident" occurred. I even overheard someone yelling at him that their check bounced after I cashed mine.

If there was an issue with the apt shouldn't I have been notified?

How long has the tenant lived there? When was the last time you inspected the property? Have you actually been served with the law suit or just the letter from an attorney? Do you have an attorney?

 

[PayrollHRGuy]

What type of proof would they need to file a suit?

None whatsoever.

 

[quincy]

What is the name of your state? NY
Received a letter from a lawyer that we are being sued for an "injury as a result of an accident because of negligence". Accident happened on 2/3/2021
I have no idea what accident the tenant is talking about. What type of proof would they need to file a suit?
Not sure if it matters but this tenant bounced 2 checks the month before. He included the amount on those checks in his next months rent check. I cashed it at his bank the very day the "accident" occurred. I even overheard someone yelling at him that their check bounced after I cashed mine.

If there was an issue with the apt shouldn't I have been notified?

The complaint should provide the cause of action.

If you are being sued, you should speak to an attorney.

 

[doucar]

You should also notify the insurance company, that covers the apartment building.

 

[steffb503]

YOu should have been informed of any issues with the apartment in writing. Have you been served a copy of the lawsuit?

No only a letter from an attorney.

 

[steffb503]

How long has the tenant lived there? When was the last time you inspected the property? Have you actually been served with the law suit or just the letter from an attorney? Do you have an attorney?

Tenant has lived here for 3+ years and I have not been inside in over a year. I have not been told there were any issues. I have only gotten a letter from attorney

 

[Just Blue]

Tenant has lived here for 3+ years and I have not been inside in over a year. I have not been told there were any issues. I have only gotten a letter from attorney

Did the injury happen inside? When was the last time you examined the exterior of the property? Has there been snow/ice storms? If so are you the one responsible (per lease) for the clean up and continuing ice prevention...or is that up to the tenant?

 

[adjusterjack]

I have only gotten a letter from attorney

A letter from an attorney is not a lawsuit. Go online to your local court's website and check your name and/or your company name.

Meantime, you are on notice of a "claim." Your liability insurance requires that you report that notice promptly and forward the letter to the claim rep that is assigned to the claim.

 

[quincy]

Tenant has lived here for 3+ years and I have not been inside in over a year. I have not been told there were any issues. I have only gotten a letter from attorney

So you are not yet being sued. You will be served with a summons and complaint when a lawsuit has been filed against you.

Did the attorney letter mention what injury was suffered and/or an amount of damages being claimed?

 

[steffb503]

Did the injury happen inside? When was the last time you examined the exterior of the property? Has there been snow/ice storms? If so are you the one responsible (per lease) for the clean up and continuing ice prevention...or is that up to the tenant?

I do not know what the injury is or where it happened. The exterior is looked at daily, we live 3 apts down. The snow removal is our responsibility and we keep up with it. There was no storm that day, because we went to the bank to cash his rent check, we would not have gone if weather was bad.

 

[quincy]

I do not know what the injury is or where it happened. The exterior is looked at daily, we live 3 apts down. The snow removal is our responsibility and we keep up with it. There was no storm that day, because we went to the bank to cash his rent check, we would not have gone if weather was bad.

You might want to consult with an attorney now.

 

[zddoodah]

Received a letter from a lawyer that we are being sued

Sounds like it's just a letter (that you received by mail or Fedex or other similar service). Correct? Or were you actually served with a summons and complaint? In other words, have you actually been sued, or has someone merely told you that someone intends to sue you? If it's just a letter, does it provide any detail, or does it just vaguely refer to an "injury as a result of an accident because of negligence."

Received a letter from a lawyer that we are being sued for an "injury as a result of an accident because of negligence". Accident happened on 2/3/2021
I have no idea what accident the tenant is talking about.

It seems like a reasonable inference from what you've written here that you're a landlord and that one of your tenants is suing you. Is that correct?

What type of proof would they need to file a suit?

I don't know what "type of proof" might mean, but "proof" isn't needed to file a lawsuit. I can't speak specifically about New York, but the general standard is that a lawyer should not file a lawsuit without evidence of all elements of all alleged causes of action or a reasonable belief that such evidence can be obtained through investigation and discovery.

If there was an issue with the apt shouldn't I have been notified?

Sure, but the failure to notify may or may not be legally relevant.

Assuming you have a good landlord's insurance package (or whatever insurance you have), you need to send what you've received to your insurer ASAP and ask that the insurer assign an attorney to represent you.

 

[steffb503]

So you are not yet being sued. You will be served with a summons and complaint when a lawsuit has been filed against you.

Did the attorney letter mention what injury was suffered and/or an amount of damages being claimed?

No the letter simply said' " for personal injuries arising out of and as a result of an accident, which occurred on the above date at...., through your negligence."