A tenant injure themselves on an uneven path. Am I responsible?

Most Popular Reply

Scott Mac
Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes
3y

You should fix it....now...before some else falls and sues you.

2Reply
See this reply in the discussion

5 Replies

Jump to latestLatest
  • Kevin Sobilo
    Realtor · Hanover Twp, PA · Member since 2018 · 3k+ posts · 3k+ votes
    3y

    @Dominique Hurd, for the most part it won't matter if you are legally liable unless she was seriously hurt or died.

    I believe you are technically liable if you knew about or should have known about a hazard and took no action to correct it. So, first off was it a "hazard" and second did you know or should you have known it was a hazard?

    It is likely a moot point because if she isn't hurt badly, the issue will likely come down to a small settlement because the cost of fighting it in court would be more than a small settlement which is why insurance companies often settle these kinds of cases. 

    1Reply
  • Scott Mac
    Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes
    3y

    You should fix it....now...before some else falls and sues you.

    2Reply
  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    3y
    Quote from @Dominique Hurd:

    My property is in Ohio, My tenant fell on a uneven walkway that she was aware of.


     1. Did she fall on your property?

    2. If #1 is a yes, notify your insurance company? Let them handle it. 

    7e investments53 Reviews
    WebsiteView Page
    0Reply
  • Richard F.
    Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
    3y
    Aloha,

    It no doubt varies slightly by jurisdiction, but if you have more than a 3/4" offset it is usually a code violation. You are responsible to keep all walking surfaces in good repair and free of hazards. Slips, trips, and falls are one of the top causes of injuries. Definitely inform your insurance agent if they had any injury that caused them to go to the hospital. This is something that insurance companies look for when they inspect your property prior to offering coverage or renewal.
    1Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    3y
    Quote from @Dominique Hurd:

    My property is in Ohio, My tenant fell on a uneven walkway that she was aware of.


    Was it your walkway on your property? Were you aware of it? Was the Tenant aware of it? Are they threatening to sue or otherwise hold you responsible?

    Too many questions to give an answer. If your tenant comes after you, turn it over to your insurance company and let their attorneys handle it.

    The DIY Landlord Book4.7248 Reviews
    WebsiteView Page
    1Reply
Join the conversationCreate a free account to reply, vote on answers and follow this thread.
Log InJoin for Free