Property Owner Liability on Tenant Making Improvements

[Bradford Myatt]

Hey All,

Quick question.  Where does the property owner liability fall on a tenant making improvements to a property?  Here is a situation:

Tenant informs property owner of a small fix that would improve the property.  Tenant says they can easily fix the issue.  If the property owner gives the go ahead and the tenant is injured in the process, is the property owner liable?  Is consent considered given if the tenant asked and the property owner obliged, or is the property owner in the clear since they didn't ask for the improvement made?

Just curious.

[Marcia Maynard]

I agree with @JD Martin, but would also add that the claimant/plaintiff would also need to show negligence or prove the landlord was responsible because of something he "knew or should have known" or "did or failed to do." If it was an improvement that required permits, that could complicate the issue. Insurance companies have lawyers that work with claims all the time. Landlords need to make sure they have sufficient insurance in place for any kind of injury or mishap that occurs on the property. If the tenant/worker is not covered by their own insurance, then it could fall upon the landlord's insurance company to sort it out. Depending on the extent of the injury, it may or may not come to the attention of code compliance, insurance companies and/or the courts.