Landlord has no insurance?

by Glenn
(Mount Bethel, PA)

I suffered a severe injury to my left shoulder due to a flooded basement. I went into the laundry room in the basement, which is a common area for 3 families. One of the property managers was draining a pool and the water was running into the basement laundry area, causing some flooding.

As I went down the stairs and reached the basement I heard the sound of running water. I then took a few steps and slipped on the flooded floor, which also had some loose pebbles. The lighting was very poor in this part of the basement. I videotaped the conditions about an hour after I was injured.

When I slipped my laundry basket fell and my left shoulder impacted a load bearing pole directly.I had to have surgery for my injuries.

After hiring an attorney, I have come to find that the owner/landlord, which is an LLC, has no insurance on his property, which contains 5 homes. The property managers also have no insurance.

My question is, what happens now? Will the landlord be rewarded because he carried no insurance? Am I just out of luck because there is no insurance? I am getting no answers from my lawyer. Thank you.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Landlord has no insurance?":

Glenn (Mount Bethel, PA):

It is our policy here at not to interfere with the attorney-client relationship. To do so would be inappropriate.

You would be best served by heeding the advice and counsel of your attorney. If you aren't satisfied with the answers your attorney gives you, then ask for an appointment and have a face-to-face conference. Doing so may result in your better understanding what has transpired in your case.

Generally speaking, when a landlord, management company, or owner of leased property is negligent, and that negligence results in injuries to tenants, licensees, or invitees, the landlord, property manager, and/or property owner may be severally and collectively liable.

This means each one can be found separately liable and liable altogether. When the negligent entity is not insured, it is sometimes possible to "pierce the corporate veil" and apply the negligence to the actual owners personally. This is the case when the negligence is "a willful and wanton disregard for the safety of others," or when the negligence is reckless.

Best of luck,

Judge Calisi

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