Liability concerns for property

Liability concerns for property

John RiggsPro Member
Investor · St. Louis, MO · Member since 2018 · 2 posts · 2 votes

Hello BP community.  I am looking at an out of state property and just got the inspection back.  A question, the back porch has had settlement which in the inspectors words has caused the porch to slope away from the house at a severe angle.  The house is in Ohio so the first thing that comes to mind is ice and snow on the porch and the tenant slips and falls.  Do I as a Landlord hold potential liability for something if that does happen?  Appreciate any and all feedback, thanks!

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Bjorn AhlbladPro Member
Investor · Shelton, WA · Member since 2017 · 6k+ posts · 6k+ votes
4y

Absolutely possible. World knows landlords are rich beyond imagination so if someone slips and wrenches their back you are a target. Liability insurance is your friend. 

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  • Bjorn AhlbladPro Member
    Investor · Shelton, WA · Member since 2017 · 6k+ posts · 6k+ votes
    4y

    Absolutely possible. World knows landlords are rich beyond imagination so if someone slips and wrenches their back you are a target. Liability insurance is your friend. 

  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    4y

    Of course you are. Even with insurance, if the injury is severe enough they can still come after you. What would it cost to rebuild the porch? $5 -10k...? Or get rid of the porch and just install a basic set of stairs....

  • Jason BottPro Member
    Insurance Agent · Nationwide · Member since 2014 · 2k+ posts · 1k+ votes
    4y

    @John Riggs as the owner of the property, you could be held responsible for any slip and fall, especially if the plaintiffs lawyer can show negligence.  Sounds like it would be easy for them to get you on the hook for a claim related to this porch.

    Another thing you should be aware of.  Once you close and sign up with an insurance carrier, they will most likely do an inspection.  If the porch looks like a hazard, many insurance companies will demand the porch be fixed or removed ASAP, otherwise they will cancel coverage. 

  • Real Estate Agent · Cupertino, CA · Member since 2016 · 4k+ posts · 1k+ votes
    4y

    Americans are sue-savvy. You need to have it on the contract. Are safety rails there?  Who's job is it to clean porch.  I will spend $ to raise it and show to the tenants you have made necessarily repair.   Furthermore, I suggest you buy umbrella policy to protect you. 

  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    4y
    Liability exists, though I would guess it's small if you disclose to the tenant in writing and they accept the risk. My bigger question is: why would you leave it that way? Get it leveled out, replace it, or tear it off. If you don't take care of your property, the tenants may not, either.
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  • John RiggsPro Member
    OP
    Investor · St. Louis, MO · Member since 2018 · 2 posts · 2 votes
    4y

    Thank you everyone for your insights it confirmed what I was thinking already.  Very much appreciated!

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