Landlord Liability For Tenant InjuryThis Is A Summary Page It is important to know how a landlord might be held liable for injury to a tenant that occurs on the landlord's property. Knowledge regarding this subject will (1) help the landlord avoid most claims in the first place and (2) make it more likely that the landlord will maintain adequate insurance to protect himself against claims that do occur. To be held responsible for an injury on the premises (1) the landlord or his employees must have been negligent in maintaining the property, and (2) that negligence must have caused the injury. T he following are two of six things that must be proven for a landlord to be held liable: |
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- T he landlord was responsib le for maintain ing the item that caused the accident.
- The landlord failed to take reasonable steps to avert the accident.
A tenant can file a personal injury lawsuit for medical bills, lost earnings, pain and other physical suffering, permanent physical disability and disfigurement, and emotional distress.
Minimize Risks Related to Maintenance
Landlords can avoid many problems by maintaining the property in excellent condition. Ways of doing this include the following :
- Set out responsibilities for repair and maintenance clearly in the lease agreement.
- Us e a written checklist to inspect the premises and fix any problems before new tenants move in .
Insurance
A well-designed insurance policy can protect a landlord's rental property from losses caused by many perils, including fire, storms, burglary, and vandalism. (Earthquake and flood insurance are typically separate.)
A comprehensive policy will also include liability insurance, covering injuries or losses suffered by others as the result of defective conditions on the property. Equally important, liability insurance covers the cost (mostly lawyer's bills) of defending personal injury lawsuits.
Important factors when choosing insurance include :
- Purchase enough coverage to protect the value of the property and assets. Use replacement cost value, not original cost.
- Be sure the policy covers not only physical injury but also libel, slander, discrimination, unlawful and retaliatory eviction, and invasion of privacy suffered by tenants and guests.
Holding Title
Finally, hold title to real estate in ways that minimizes exposure of your estate to liabilities, judgments for things not covered by your insurance, and/or for judgments that far exceed your coverage limits.
The above topics are discussed in more depth
on our members' Tenant Injury page.