Tenant Injuries: Landlord Liability and Insurance FAQ

Protect yourself against tenant injury liability.

How can landlords reduce financial losses from repairs and maintenance?
How can insurance safeguard a rental property company?
When is a landlord accountable for the injuries sustained by a tenant or visitor to the rented property?

How can landlords reduce financial losses from repairs and maintenance?

By keeping the property in good shape, you may prevent several difficulties. Here’s how it’s done:

Before new renters come in, use a documented checklist to assess the premises and repair any faults.
Encourage renters to report any safety or security issues, such as plumbing, heating, broken doors or stairs, whether in the tenant’s unit or in common areas such as hallways and parking garages, as soon as possible.
Keep a written record of all tenant complaints and maintenance requests, including how and when issues were resolved.
Handle essential repairs as quickly as feasible; resolve any safety concerns within 24 hours. Tenants should be kept aware of when and how repairs will be completed.
Give renters a checklist twice a year to report any safety dangers or maintenance issues that may have gone unnoticed. Once a year, use the same checklist to personally examine all rental units.

In addition, the lease or rental agreement should explicitly state your commitment to repair and maintenance processes.

How can insurance safeguard a rental property company?

A well-designed property insurance coverage may protect a landlord’s rental property against damages caused by a variety of risks such as fire, storms, burglary, and vandalism. (Typically, earthquake and flood insurance are covered under distinct policies.)

A comprehensive general liability (“CGL”) coverage covers accidents or damages sustained by others as a consequence of improper conditions on the property. Liability insurance, on the other hand, covers the costs (mainly legal fees) of defending personal injury cases.

Here are some insurance buying tips:

Purchase adequate coverage to safeguard the property’s and assets’ worth.
Make certain that the insurance covers not just bodily injuries, but also libel, defamation, discrimination, illegal and retaliatory eviction, and invasion of privacy experienced by tenants and visitors.
Maintain liability insurance on all company vehicles, including the manager’s car or truck if it is utilized on the work.

When is a landlord accountable for the injuries sustained by a tenant or visitor to the rented property?

To be held liable for an accident on the premises, the landlord or property management must have been negligent in the property’s upkeep, and that carelessness must have resulted in the harm. For a landlord to be found accountable, all of the following must be proven:

The landlord was responsible for maintaining the component of the property that caused the accident.

The landlord did not take reasonable precautions to avoid the accident.
Fixing the issue (or, at the very least, providing proper warnings) would not have been prohibitively costly or complex.
The failure to address the issue was likely to result in a major harm (the accident was foreseeable).
The tenant was injured as a result of the landlord’s failure, or carelessness.
The tenant was truly distressed.

For example, if a tenant falls and fractures his ankle on a faulty front entrance step, the landlord will be held accountable if the tenant can demonstrate the following:

It was the landlord’s job to keep the stairs in good condition (this is often the case since the steps are part of the common area, which is the landlord’s responsibility).
The landlord failed to take reasonable precautions to keep the stairs in place (for days or weeks, not if it had only been broken for minutes).
A simple or cheap repair would have sufficed (fixing a broken step is a minor job).
A broken step is likely to cause significant damage, and this was predictable (falling on a broken step is highly likely).
The injury was caused by a broken step (the tenant must be able to prove that he fell on the step and that the step is where he broke his ankle).
The renter is in a lot of pain (and isn’t faking it).

A tenant may sue or make a claim against the landlord’s insurance carrier for medical costs, lost wages, pain and suffering, permanent physical impairment and deformity, and emotional anguish. A renter may also claim for personal property damage, such as a radio or automobile, caused by improper maintenance or hazardous circumstances.