OT...Does/Did anyone have hear of a person

C.P. · Aug 9, 2010

hopin' over a fence (standard chain link 4') to get into the pool after hours...and then

breakin' your hip in 3 places...

this happened @ one of Condos last night..in FT Myers...

Can they Sue me because I rented the Condo out...

or just the Assoc.....

hno:

This is why I don't like to rent out...:smoking:

Betallsports · Aug 9, 2010

Yes, and My Lawyer should be calling you Any Day now @)

JK

C.P. · Aug 9, 2010

LOL...Mike, first time I laughed since the news broke....last night...

Betallsports · Aug 9, 2010

C.P. said:
LOL...Mike, first time I laughed since the news broke....last night...

Ok, still trying to Understand ??

You Rented to this Guy....He jumped a Fence ?? to get to the Pool...After Hours ?

C.P. · Aug 9, 2010

Betallsports said:
Ok, still trying to Understand ??

You Rented to this Guy....He jumped a Fence ?? to get to the Pool...After Hours ?

Yes....and I'm hoping to do damage control, if possible...

He is in surgery as I type....I was notified by the Assoc. Pres.......##)

carlspackler · Aug 9, 2010

Broke their hip in three places?

What are they, like 80 years old?

ProPokerPlayer · Aug 9, 2010

I dunno how the law reads as per condos, etc but he's almost a certainity to be filing suit against 1 of you. I know a landlord who lost a sizable chunk of change for about the same situation here. Might go ahead and run it by a good lawyer to see where u stand...

C.P. · Aug 9, 2010

carl spackler said:
Broke their hip in three places?

What are they, like 80 years old?

Funny you say that....

This is where the story gets wierd for me...

The guy I rented to is only 44...(that's why I question the whole story)...Damn I'm way older, and I've hoped that fence quite a few times...(forgeting my key...etc...)

things just don't add-up

ProPokerPlayer · Aug 9, 2010

If its the guy who lives there skip everything i said.....whole different situation as im sure he bears most if not all the responsibilty. I thought it was a kid just sneaking into the pool.

C.P. · Aug 9, 2010

ProPokerPlayer said:
If its the guy who lives there skip everything i said.....whole different situation as im sure he bears most if not all the responsibilty. I thought it was a kid just sneaking into the pool.

Naw...just a guy (a friend of a friend)...who I rented to....

Like I said...I'm just tryin' to do damage control...(just hopin' for the best)...

Thank You, for your thoughts and ideas....(<)<

Betallsports · Aug 9, 2010

I think the KEY, would be if he Did this "After Hours " Pool Open from 9am - 9pm and he Jumped the Fence at 11pm

Also, why is he Jumping the Fence ?? you said something about a Key ??

I say if it was Past the Hours that the Pool was open, You should not be the Blame...and the Condo board as well.
Sounds like he's at Fault here...JMO

steaktartar · Aug 9, 2010

hope he doesnt pull through surgery C.P.

Incubus · Aug 9, 2010

If this guy brings a cause of action against you for NEGLIGENCE, perhaps you'll be able to defend and snuff it out with the defense of CONTRIBUTORY NEGLIGENCE.

Contributory negligence is a common law defense to a claim based on negligence, an action in tort.

It applies to cases where a plaintiff has, through his own negligence, contributed to the harm he suffered.

The elements that must be proven are:

1) Plaintiff is careless for his or her safety:

a) Lapse in required standard of care for your own safety (Mclean v Tedman)
b) the injury is foreseeable and falls into the class of risk created by the careless conduct. (Joslyn v Berryman)

2) Plaintiff contributed to the injury (factual causation) (Froom v Butcher)

You can plug in your facts and circumstances of his jumping the fence to argue that these elements have been met.@)

C.P. · Aug 9, 2010

Betallsports said:
I think the KEY, would be if he Did this "After Hours " Pool Open from 9am - 9pm and he Jumped the Fence at 11pm

Also, why is he Jumping the Fence ?? you said something about a Key ??

I say if it was Past the Hours that the Pool was open, You should not be the Blame...and the Condo board as well.
Sounds like he's at Fault here...JMO

Mike, I'm thinking the same think....

things are a little sketchy right now...

they said "his wallet was at the pool"...then I heard his keys...WTF...

I know this to be FACT....you need a key to be scanned in/out of the pool...

things just seem a miss...DAMN

C.P. · Aug 9, 2010

steak tartar said:
hope he doesnt pull through surgery C.P.

Steak...second time, I have laughed since this train wreck...Thanks...LOL

C.P. · Aug 9, 2010

Incubus said:
If this guy brings a cause of action against you for NEGLIGENCE, perhaps you'll be able to defend and snuff it out with the defense of CONTRIBUTORY NEGLIGENCE.

Contributory negligence is a common law defense to a claim based on negligence, an action in tort.

It applies to cases where a plaintiff has, through his own negligence, contributed to the harm he suffered.

The elements that must be proven are:

1) Plaintiff is careless for his or her safety:

a) Lapse in required standard of care for your own safety (Mclean v Tedman)
b) the injury is foreseeable and falls into the class of risk created by the careless conduct. (Joslyn v Berryman)

2) Plaintiff contributed to the injury (factual causation) (Froom v Butcher)

You can plug in your facts and circumstances of his jumping the fence to argue that these elements have been met.@)

SOLID info, Thank You, Sir....(<)<

Doug · Aug 9, 2010

C.P. said:
Mike, I'm thinking the same think....

things are a little sketchy right now...

they said "his wallet was at the pool"...then I heard his keys...WTF...

I know this to be FACT....you need a key to be scanned in/out of the pool...

things just seem a miss...DAMN

Wallet seems fishy, why bring your wallet to the pool ?

Seems the association would be the one to try to sue ( even though this is the guys own fault). Even then he is suing you indirectly and insurance will go up. Shit like this makes being the landlord risky. Obama should pay for it ! :lol:

I hope you prevail.

C.P. · Aug 9, 2010

Doug said:
Wallet seems fishy, why bring your wallet to the pool ?

Seems the association would be the one to try to sue ( even though this is the guys own fault). Even then he is suing you indirectly and insurance will go up. Shit like this makes being the landlord risky. Obama should pay for it ! :lol:

I hope you prevail.

Thanks, Doug......This is One of many reasons why I don't rent out...SHAME on ME...I should know better...

Doug · Aug 9, 2010

I think by law an inground pool requires a fence. A fence hopper suing and winning is crazy. It's like a burglar suing you for shooting him in your own house....and winning !

C.P. · Aug 9, 2010

jgrif33 said:
The state of Florida is a pure comparative negligence system.

Do yourself a favor and don't take any legal advice from some idiot who is clearly NOT an attorney

I will consult me atty...if need be...it's just good to hear certain points of view....I appreciate your help...

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