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Advice needed on liability

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Old Aug 11th, 2007, 07:14 PM     #1
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Red Face Advice needed on liability

In my rental property the garage door opener screws came loose over time due to the normal use of the opener. The normal use created enough vibration to cause the lock nuts to loosen over time. The bar fell down on the hood of the renters car. I contacted my insurance company and they are telling me I should proably not file a claim that I am probably not liable. I want to know what legally is true. I told the renter to take on renters insurance. Would that cover this or would this fall under my policy? This is a gray area. I want to be fair to the renter. It will be about a $400 repair and I do not want to screw a good tenant, however, I also want to know for future reference how this should be addressed. I will probably pay for the instance out of pocket this time if my insurance indicates they will not cover on my home owners insurance policy, but I would like legal counsel on where truly the liability should fall so I properly handle for any future (and I hope there are none) incidents.

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Old Aug 12th, 2007, 09:39 PM     #2
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Default Re: Advice needed on liability

You normally are liable for the major repair and condition of the property and if disrepair directly causes damage they could hold you liable.

You could try to argue it was just a freak accident, and that would make you not liable. It is a close call here but maybe closer to the fact you are indeed liable.
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