Visitor Question

Landlord has no insurance?

Submitted 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.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Glenn,

It is our policy here at InjuryClaimCoach.com 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.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: January 4, 2015

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