Defendant in Civil Action
Click here for Top Ten Discussions. CLICK HERE for Q & A Homepage
Receive Free Rental Owner Updates Email:  
MrLandlord Q & A
     
     
Defendant in Civil Action (by GKARL [PA]) May 9, 2025 12:53 PM
       Defendant in Civil Action (by NE [PA]) May 9, 2025 1:05 PM
       Defendant in Civil Action (by GKARL [PA]) May 9, 2025 1:13 PM
       Defendant in Civil Action (by NE [PA]) May 9, 2025 1:15 PM
       Defendant in Civil Action (by plenty [MO]) May 9, 2025 1:19 PM
       Defendant in Civil Action (by GKARL [PA]) May 9, 2025 1:29 PM
       Defendant in Civil Action (by RB [TN]) May 9, 2025 1:32 PM
       Defendant in Civil Action (by plenty [MO]) May 9, 2025 1:36 PM
       Defendant in Civil Action (by Landlord ofthe Flies [TX]) May 9, 2025 1:37 PM
       Defendant in Civil Action (by Robert J [CA]) May 9, 2025 2:35 PM
       Defendant in Civil Action (by Sisco [MO]) May 9, 2025 4:15 PM
       Defendant in Civil Action (by MikeA [TX]) May 9, 2025 5:05 PM
       Defendant in Civil Action (by Renne [TX]) May 9, 2025 5:56 PM
       Defendant in Civil Action (by Bonanza [NC]) May 9, 2025 7:41 PM
       Defendant in Civil Action (by Laura [MD]) May 9, 2025 9:57 PM
       Defendant in Civil Action (by MC [PA]) May 10, 2025 6:42 AM
       Defendant in Civil Action (by zero [IN]) May 10, 2025 9:25 AM
       Defendant in Civil Action (by Robin [WI]) May 10, 2025 9:39 AM
       Defendant in Civil Action (by Ray-N-Pa [PA]) May 10, 2025 11:33 AM
       Defendant in Civil Action (by Ray-N-Pa [PA]) May 10, 2025 11:38 AM
       Defendant in Civil Action (by Roy [AL]) May 10, 2025 12:44 PM
       Defendant in Civil Action (by Jason [VA]) May 10, 2025 12:54 PM
       Defendant in Civil Action (by Frank [NY]) May 10, 2025 2:17 PM
       Defendant in Civil Action (by WMH [NC]) May 10, 2025 2:54 PM
       Defendant in Civil Action (by RB [TN]) May 10, 2025 4:31 PM
       Defendant in Civil Action (by Rick [IN]) May 11, 2025 4:25 AM
       Defendant in Civil Action (by Jerry [NC]) May 11, 2025 9:13 AM
       Defendant in Civil Action (by 6x6 [TN]) May 11, 2025 11:11 AM
       Defendant in Civil Action (by Ray-N-Pa [PA]) May 13, 2025 4:49 PM
       Defendant in Civil Action (by Landlord ofthe Flies [TX]) May 16, 2025 2:47 PM

Click here to reply to this discussion.
Click Here to send this discussion to a friend

Defendant in Civil Action (by GKARL [PA]) Posted on: May 9, 2025 12:53 PM
Message:

I sold a SFH back in 2023 after renovating. As a part of the renovations, we installed new kitchen cabinets. The new owner rented the place to someone and apparently one of the cabinets fell off of the wall. This occurred a couple of months after we closed. The tenant claims the cabinet hit her and caused injuries, but didn't bring suit until this past March, two years after the incident. We got served a "pracecipe to reinstate the writ" yesterday joining me as a defendant with the new owners. This came totally out of the blue two years after selling the place. The plaintiff is wanting "damages in excess of $ 50,000 plus interest, costs and other relief."

Nationwide is the insurer for the new owner and their attorneys are demanding a jury trial. Upon checking the pronotary's website on the case, it appears they intend to represent me as well. They were actually the ones to join me as a defendant and I'm thinking this is simply a move to shift this onto me and my insurer. I'm thinking I'm not wanting them to defend me but instead will submit the claim directly to my insurance company.

The idiot contractor I used apparently did not screw all of the cabinets into the studs. Once I talk to my insurance company, I may have them join him as a defendant.

Finally, I think this whole thing is BS and a money grab. The new owners were newbies and rented to someone with an LL/Tenant case history. In this instance, the tenant won the case and actually got a settlement from their prior LL however, my criteria denies any LL/Tenant history whether the tenant won it or not. The same applies to any civil cases the tenant was a plaintiff in.

Here's the lesson for me having sold the place nearly two years ago; even when you think you're done, you're not done. Who would have thought something like this would come up after you sold? Not me.

Any advice or insight would be appreciated.

--23.28.xx.xx




Defendant in Civil Action (by NE [PA]) Posted on: May 9, 2025 1:05 PM
Message:

Did the buyers have inspections? --24.152.xxx.xx




Defendant in Civil Action (by GKARL [PA]) Posted on: May 9, 2025 1:13 PM
Message:

They definitely had inspections done. Had to produce a clean C of O also. --23.28.xx.xx




Defendant in Civil Action (by NE [PA]) Posted on: May 9, 2025 1:15 PM
Message:

I’d push in that direction first. --24.152.xxx.xx




Defendant in Civil Action (by plenty [MO]) Posted on: May 9, 2025 1:19 PM
Message:

So the are also calling forward the installer contractor? --172.59.xxx.xxx




Defendant in Civil Action (by GKARL [PA]) Posted on: May 9, 2025 1:29 PM
Message:

I sent everything to claims and I'll need to see what they come up with. I'm think their attorneys will decide on whether to join the contractor as a defendant. I had a written agreement with him that requires that he maintain $ 1.0 of liability.

My policy has $ 300K of premise liability. I was surprised at how low that is as that's generally $ 1.0 million on my multis. My personal umbrella has another 300K of premise liability. I held this particular place in my personal name. --23.28.xx.xx




Defendant in Civil Action (by RB [TN]) Posted on: May 9, 2025 1:32 PM
Message:

Cant wait to see all the dated medical / doctor reports.

--204.10.xxx.xx




Defendant in Civil Action (by plenty [MO]) Posted on: May 9, 2025 1:36 PM
Message:

I'm sure you're concerned and it's worrisome. Sorry you have to go thru all this. --172.59.xxx.xxx




Defendant in Civil Action (by Landlord ofthe Flies [TX]) Posted on: May 9, 2025 1:37 PM
Message:

Take the cabinet guy down with you. After all, I assume you had no way of knowing the cabinets were hung wrong. They worked for you and for the next owner. What did they put in there? Were they climbing on it? --108.69.xxx.xxx




Defendant in Civil Action (by Robert J [CA]) Posted on: May 9, 2025 2:35 PM
Message:

To all those in similar situations, you need to learn about "construction laws"! Those who you interacted above in your post, did not do right -- they were only after money, not justice.

When you hire a licensed contractor, they have a "License" bond, and liability insurance. As the owner, you should have a Fire/Liability Policy as well.

If you hired a real "professional" who is trained and licensed to install kitchen cabinets, then they and their "License Bond" are liable for the first $25,000, and their "General Liability Insurance" will pay the rest!

But if you hired some "handyman" who can't even scrap two nickles together and hasn't the means to make the tenant whole, they the owner's insurance they had during the original install, should pay out the claim.

I did an inspection for a family buying a triples in Burbank California. They wanted to hang ceiling fans everywhere. In my report, and I explained to them in person, the property had only PLASTIC CEILING JUNCTION BOXES, that could only support a 5 pound light fixture, not a fan. They needed to replace the plastic box with a kit that installs a new metal fan j-box and anchors it between to ceiling joist.

The hired person who installed the ceiling fans just attached the fan to the plastic boxes. Fans started falling from the ceiling, injuring tenants property, pets and children.

The owners modified my report and the tenant then sued me. When I met with the tenants lawyer, I tried to explain that I was not at fault, but all he wanted was money. A 550K settlement. So I counter sued the owners and tenants, for making a modified report and not following my instructions. When the jury read my report and learned the owners had knowledge and put those at risk, and the tenants lawyer wouldn't listen to reason, I won a judgment against the tenants insurance carrier, the lawyers insurance and against the tenants. They appealed and we finally settled.

--47.155.xx.xx




Defendant in Civil Action (by Sisco [MO]) Posted on: May 9, 2025 4:15 PM
Message:

It will be several years before it goes to court and your liability is not clear. You will likely be dropped from the lawsuit before it goes to trial. --149.76.xxx.x




Defendant in Civil Action (by MikeA [TX]) Posted on: May 9, 2025 5:05 PM
Message:

My bet is the new owners insurance company will settle for somewhere in the neighborhood of $10-20K, it will cost more than that in attorneys fees if it goes to trial. How that cost is distributed between them, your insurance, and your contractors insurance will be interesting to see. --209.205.xxx.xx




Defendant in Civil Action (by Renne [TX]) Posted on: May 9, 2025 5:56 PM
Message:

So sorry you are dealing with this! It does seem odd they would have waited so long before bringing this suit. All the best! --129.222.xxx.xx




Defendant in Civil Action (by Bonanza [NC]) Posted on: May 9, 2025 7:41 PM
Message:

See if you can get removed from the lawsuit. The house was sold two years ago. As is, where is, with no warranty or guarantees. Probably have to hire a lawyer as I doubt your insurance will cover you. Questions for your insurance agent I guess. --65.188.xxx.xxx




Defendant in Civil Action (by Laura [MD]) Posted on: May 9, 2025 9:57 PM
Message:

So sorry this has happened to you. Just an aside, i had a friend who hit someone....they were injured. Per my friend the person/adolescent ran into traffic. At any rate they waited just until before the statue of limitation ended to bring suit. My friend's lawyer said this often happens because the plaintiff if hoping that the defendant has moved on with only vague memories and no paperwork to aid in their defense. --173.69.xxx.xxx




Defendant in Civil Action (by MC [PA]) Posted on: May 10, 2025 6:42 AM
Message:

2 years? Who is to say the T didn't unscrew a few screws? I doubt there are pictures of unscrewed cabinets. As Is is as Is. Blame the inspector. Blame the new owner. It will go away. As we all know, you don't have to pay anyway. --73.230.xxx.xx




Defendant in Civil Action (by zero [IN]) Posted on: May 10, 2025 9:25 AM
Message:

Sorry to hear that you are caught up in this.

Really want to hear how it all works out. I would hate to have to deal with something from years ago that someone else claimed I did wrong.

Keep us informed. --107.147.xx.xx




Defendant in Civil Action (by Robin [WI]) Posted on: May 10, 2025 9:39 AM
Message:

It's pretty common in a lawsuit for the plaintiff to name everyone and his brother, even if it's a long stretch to hold them liable.

When I was sued last year, they named me personally, AND my IRA account, AND the IRA custodian. That's like suing the bank that loaned you the money to buy the house in the first place.

You stated that Nationwide was "actually the ones to join me as a defendant." I'm assuming that means THEY added you as a defendant as well?

If that's the case, definitely get your insurance involved. Even if you win, the legal fees will bury you. Ask me how I know...

--104.230.xxx.xxx




Defendant in Civil Action (by Ray-N-Pa [PA]) Posted on: May 10, 2025 11:33 AM
Message:

Is it over two years? That is the time limit in Pa --67.140.xx.xxx




Defendant in Civil Action (by Ray-N-Pa [PA]) Posted on: May 10, 2025 11:38 AM
Message:

Did you also overload these same cabinets?

Based on your use of the rental, these cabinets worked well for years - it wasn't until they were overloaded that they failed. --67.140.xx.xxx




Defendant in Civil Action (by Roy [AL]) Posted on: May 10, 2025 12:44 PM
Message:

I am now thinking about all of the cabinets that my handyman has installed in my rental houses. I sure hope he found the studs for those cabinets. --76.29.xxx.xx




Defendant in Civil Action (by Jason [VA]) Posted on: May 10, 2025 12:54 PM
Message:

This happened in my personal residence several years ago when my son was 2 or 3. He was about 5 feet away from getting hit, but fortunately wasn't. The original contractor was so proud of his work that he signed the wall behind the cabinets, which would have made tracking him down a breeze but luckily never came to that.

Whatever happens, I hope that it works out in your favor. --75.75.xxx.xxx




Defendant in Civil Action (by Frank [NY]) Posted on: May 10, 2025 2:17 PM
Message:

Not too useful now but next time don't post that the idiot contractor did or not do a thing. might come up in some search with AI.

I'm going back under my rock.

Frank (NY) --68.129.xx.xxx




Defendant in Civil Action (by WMH [NC]) Posted on: May 10, 2025 2:54 PM
Message:

I'm sorry for your stress, GKarl. :( --173.28.xx.xxx




Defendant in Civil Action (by RB [TN]) Posted on: May 10, 2025 4:31 PM
Message:

Gotta watch them Contractors like a Hawk.

Maybe by being their best helper. --204.10.xxx.xx




Defendant in Civil Action (by Rick [IN]) Posted on: May 11, 2025 4:25 AM
Message:

Was the property sold "as is?" As mentioned above, any inspections done by the buyer?

This will be easy for me to say as I am not you, but this a money grab via the old "spaghetti against the wall and see what sticks." In your case, the pasta won't stick, just a little wet with old spaghetti.

--75.104.xx.xx




Defendant in Civil Action (by Jerry [NC]) Posted on: May 11, 2025 9:13 AM
Message:

You will be dropped from the lawsuit and probably your contractor also. In order for you to be liable you had to have knowledge of the defective install and deliberately attempt to cover it up. If it was a $500k or million $ claim, then they might drag the contractor in and tap his coverage.

Looks like they are dealing with professional claimants here. A $50k claim is peanuts to an insurance company. The landlord's policy will cover it, and they will settle out of court for considerably less. --136.61.xx.xxx




Defendant in Civil Action (by 6x6 [TN]) Posted on: May 11, 2025 11:11 AM
Message:

The best to you.

Not sure how they could win if you sold "as-is" --73.19.xxx.xx




Defendant in Civil Action (by Ray-N-Pa [PA]) Posted on: May 13, 2025 4:49 PM
Message:

Well spoken Jerry --67.140.xx.xxx




Defendant in Civil Action (by Landlord ofthe Flies [TX]) Posted on: May 16, 2025 2:47 PM
Message:

Robin (WI) is right. It's much easier to remove someone from a lawsuit than to add them on when the lawsuit is in progress. --108.69.xxx.xxx



Click Here to send this discussion to a friend
Report discussion to Webmaster


Reply:
Subject: RE: Defendant in Civil Action
Your Name:
Your State:

Message:
Defendant in Civil Action
Would you like to be notified via email when somebody replies to this thread?
If so, you must include your valid email address here. Do not add your address more than once per thread/subject. By entering your email address here, you agree to receive notification from Mrlandlord.com every time anyone replies to "this" thread. You will receive response notifications for up to one week following the original post. Your email address will not be visible to readers.
Email Address: