Falls and Injuries
When tenants or uninsured independent contractors working on the property fall and are injured, landlords can be held liable. The injured person can sue for medical bills, pain and physical suffering, emotional damage, permanent disability, emotional distress, and loss of career, education, earnings, family, and experience opportunities. Landlords can also be sued for property damage that occurs because of faulty, unsafe premises as well as for punitive damages.
Don't try settling with difficult tenants. They might agree to have you pay for their medical costs, but nevertheless decide to take you to court. Your insurance company will not reimburse your expense and you face a liability claim. Save your money for then.
What to Do After an Accident
For minor injuries, immediately get medical treatment for the injured party, then call your insurance agent to report the accident. Get statements from witnesses and try to assess whether you were at fault.
When the accident is not serious or property damage is minor, ask your tenant or the worker what would be fair reimbursement. Paying the medical bill or replacing the property might be sufficient to keep him happy. If you can reach a settlement, get a signed statement that the tenant or worker has been fully compensated.
Leases Cannot Absolve Your Liability
Never try to avoid a liability claim by inserting a paragraph in a lease or rental agreement that says you are not liable if a tenant is hurt on your property because of your negligence. You can't take away a tenant's right to sue if the apartment and building are unsafe or uninhabitable and an accident occurs. Take care of your property.
If you strongly urge your tenant to get a renter's policy but she refuses, point out that there is a hold-harmless paragraph in the lease that states that if the tenant does not have a renter's policy, the landlord is harmless if there is intentional or unintentional injury caused to a third party by the tenant, the tenant's children, or a pet. Make sure the tenant initials the paragraph after you read it to her.
