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  1. #1

    Default Wrongfully Sued on a Slip and Fall Case

    My question involves an injury that occurred in the state of: PA

    About 3 months ago was sued for a slip and fall. I am the owner of the property and in the lease I required my tenant to have my name as additional insured. The tenant did not add my name as additional insured on general liability insurance. So I had to hire a defense attorney. So what my attorney had found was that the slip and fall occurred on the property next to us and the law firm that is suing me for the slip and fall scheduled a site examination to make sure the exact location. Around 3 weeks ago, the law firm that is suing me agreed to dismiss myself (landlord) and tenant and wanted to add additional defendants (which is the property next to us). Now that that case is dismissed which shows on the court records, can I sue the lawfirm and the slip and fall plaintiff for the legal expense in which I incurred. The negligence clearly showed that the neighboring property was the fully responsible and the lawfirm just can not randomly sue anyone without any research. Morally wrong but legally, do not know if I have a case.

  2. #2
    Join Date
    Oct 2016
    Posts
    2,002

    Default Re: Wrongfully Sued on a Slip and Fall Case

    You CAN sue whomever you want. Your chance of winning is somewhere between slim and none.

    You may have a case against the tenant based on the requirement to name you as additional insured that was required in the lease. But I think your chances there are only marginally better.

  3. #3
    Join Date
    Jul 2018
    Posts
    455

    Default Re: Wrongfully Sued on a Slip and Fall Case

    Quote Quoting admitteddenid
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    About 3 months ago was sued for a slip and fall. I am the owner of the property and in the lease I required my tenant to have my name as additional insured. The tenant did not add my name as additional insured on general liability insurance.
    Is this a commercial property? I've never heard of a residential tenant having "general liability insurance" that would apply in a situation like this.

    Quote Quoting admitteddenid
    View Post
    So I had to hire a defense attorney.
    You hired or your insurer hired? Regardless of whether this is commercial or residential property, you should have had your own liability policy that covered payment for a defense attorney.

    Quote Quoting admitteddenid
    View Post
    Now that that case is dismissed which shows on the court records, can I sue the lawfirm and the slip and fall plaintiff for the legal expense in which I incurred.
    Anyone can sue anyone for anything. You'd be suing for malicious prosecution and would have to prove, among other things, that the plaintiff/plaintiff's lawyer sued you maliciously or for a purpose other than redress of a legitimate grievance. Making a mistake about where the accident occurred isn't malicious. As mentioned above, you shouldn't have incurred any legal expenses because your insurance should have paid for your legal defense.

    I also agree that you have a valid claim against your tenant for failure to name you as an additional insured.

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