Grounds for lawsuit? Tenant Injured on Staircase

General Landlording & Rental Properties
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Grounds for lawsuit? Tenant Injured on Staircase

Garrett F Anderson
New to Real Estate · Cleveland, OH · Member since 2017 · 47 posts · 15 votes

Hello BP!

I heard a story the other day from a landlord in my hometown and I wanted to ask some questions related to it concerning protection from lawsuits or who is liable.  

The situation:  The tenants live in an up/ down duplex with the only access to the upper portion of the duplex being a staircase to the second floor of the whole building.  During a recent severe storm the staircase was weakened and fell apart.  A tenant who happened to be on the staircase during the collapse was injured and missed work for 3 days.  The tenants also didn't have access to or from their home for a day while the stairs were being prepared.

My questions:

  1. Is the landlord liable for the injures to the tenant, i.e. will he have a possibility of getting sued for medical bills and the missed work time?
  2. Is this kind of incident covered in typical lease agreements?

The landlord told the tenants not to worry about next month's rent in order to avoid any charges against him.  How would you handle the situation and do you think he did the right thing?

Thank you for your feedback and for reading my post!

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Most Popular Reply

Scott Mac
Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes
7y

Hi Garrett,

My thoughts on this are,

it's best to have stairs that can not fall apart in any type of storm,

and to keep up with repairs and maintenance and replacement of things before they get to this point. 

Scott...

8Reply
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  • Alex S.
    Specialist · Cleveland, OH · Member since 2018 · 270 posts · 187 votes
    7y

    Is the landlord an LLC? Can the tenant have the landlords insurance to cover something?

    0Reply
  • Scott Mac
    Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes
    7y

    Hi Garrett,

    My thoughts on this are,

    it's best to have stairs that can not fall apart in any type of storm,

    and to keep up with repairs and maintenance and replacement of things before they get to this point. 

    Scott...

    8Reply
  • Ray Harrell
    Investor · Chicago, IL · Member since 2016 · 1k+ posts · 930 votes
    7y

    Failure to maintain is considered negligence. One method of egress is also likely against code. It may be covered by insurance, but insurance usually assumes the landlord is doing their part to maintain and be in compliance. If he asked them to not worry about the rent, he should get it in writing. However, such an agreement may not even be legal, depending on where you live. In Chicago no landlord or tenant may enter into any agreement that is in conflict with the CRLTO, which includes certain building code ordinances.

    0Reply
  • Brie SchmidtBusiness Member
    Moderator
    Real Estate Broker · Chicago, IL · Member since 2013 · 6k+ posts · 5k+ votes
    7y

    @Ray Harrell - That is not always true, every municipality has different requirements and in Chicago two egress is not always required

    13-160-050 Minimum number of exits.
    (d) In multiple dwellings, one exit serving one family only shall be permitted from the first or second story, and one exit shall be permitted from a basement space provided that the area of such floor or basement shall not exceed 800 square feet.
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    2Reply
  • Matthew Paul
    Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    7y

    Tenant should win that one with ease 

    1Reply
  • David Foxall
    Member since 2019 · 3 posts · 2 votes
    7y

    @Scott Mac

    Scott...you really think that was a helpful comment. Talk about being Captain Obvious. You added zero to the conversation (I didn’t either)

    0Reply
  • Patricia Steiner
    Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes
    7y

    I doubt the landlord dodged any bullets by offering free rent for a month.  Unless he got a full release of liability from all tenants in exchange for the free rent, he just gave them a financial gift.  An attorney might call it an admission of guilt gift. 

    The landlord is responsible for the safety/maintenance of the structure. I hope the insurance carrier was notified of the incident (if not, the landlord may have defaulted on his policy) and the stairs repaired by a licensed contractor.  As far as covering this in a lease agreement, I see no legal or ethical way to have a tenant hold a landlord harmless for any injury that occurs at a property due to disrepair/lack of maintenance.  

    I would advise the landlord to contact his insurance company immediately.  

    5Reply
  • Ray Harrell
    Investor · Chicago, IL · Member since 2016 · 1k+ posts · 930 votes
    7y

    @Brie Schmidt, you're correct, that's why I said "likely". But in places where there is only one egress (door), there are probably codes for window sizes and heights.

    0Reply
  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    7y

    Yes,  a tenant can sue for anything and in this case they will likely have some basis for winning.  He should really report this to his insurance and regardless of the free rent they will likely sue.  Now if he knew the stairs were damaged in a storm and immediately told them not to use them, he may not be found negligent but he would still be liable.  However I am not a lawyer.  As for is it in the lease,  leases differ but it may not matter, releases of liability are subject to legal interpretation based on state and local law so it is best for you to ask your lawyer.   

    2Reply
  • Sam Hopkins
    OH (ohio) · Member since 2016 · 63 posts · 43 votes
    7y
    @Garrett F Anderson yes he can be sued and would probably lose. This is why you put properties in an LLC and have $$$$ insurance.
    0Reply
  • Dennis M.
    Rental Property Investor · Erie, PA · Member since 2018 · 6k+ posts · 9k+ votes
    7y

    I’m wondering How crappy and and unsafe does your stairs have to be to fall apart and crumble due to a rain/snow storm ? Obviously this is a slumlord that is renting out a dump without maintaining his property .

    4Reply
  • Joe SplitrockPro Member
    Moderator
    Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
    7y

    @Garrett F Anderson no guarantee how it will turn out. People can sue for anything, but generally you need to prove liability. The details matter. For example if the stairs were old and in disrepair, it is different than if a brand new set of stairs got destroyed in a tornado. The first situation is negligence, the second is an act of God.

    Based on my knowledge of how most landlords care for properties, I would guess the stair well was not properly maintained.

    0Reply
  • Garrett F Anderson
    OP
    New to Real Estate · Cleveland, OH · Member since 2017 · 47 posts · 15 votes
    7y

    @Alex S. The landlord has an LLC with his properties in it. I'm not sure about the landlords insurance.

    0Reply
  • Garrett F Anderson
    OP
    New to Real Estate · Cleveland, OH · Member since 2017 · 47 posts · 15 votes
    7y

    @Ray Harrell Yeah I was also concerned about the legality of his "agreement" with the tenants.  I doubt he got it in writing because he still does everything on a cash only basis.

    @Patricia Steiner As far as I know he called the insurance company and his attorney right away to tell them of the incident.  He also had a contractor out to fix the stairs that same day.  

    @Dennis M. I was thinking similar thoughts... I feel like the stairs had to have already been falling apart and this was the last straw to break them.

    0Reply
  • Derek Guivehchi
    Rental Property Investor · Dyersburg, TN · Member since 2019 · 45 posts · 31 votes
    7y

    @Garrett F Anderson I’m not a lawyer and whoever is in the predicament should consult proper legal council. Now that’s out if the way. I’ve had similar issues. Yes you can be sued but you can be sued for anything for any ridiculous reason. Regardless what the lease says there’s still liability. However should the tenant take legal action just forward to your general liability carrier and they will take it from there. I would suggest not offering free rent or anything that could be considered compensation. This could be viewed as admission of fault and/or negligence and hurt your defense if legal action is pursued.

    0Reply
  • Levi T.Pro Member
    Rental Property Investor · Tucson AZ / Nice FR / Washington DC · Member since 2016 · 1k+ posts · 1k+ votes
    7y

    It’s an act of god vs negligence, case witnesses or experts finding it failed due to the landlords fault or failed to take action vs act of god.

    Since there has already been a set defined timeline based on the tenant missing work, it’s just a matter of lost wages, medical bills, maybe lodging. 

    What people in lawsuits really fear is emotional damage or continues suffering, those type of lawsuits have no caps, compared to something like missed work, or a broken arms, that already have  set pricing and value.

    Insurance company likely will handle this case easily if a suite comes up, settle out of court with a small payout not even worth chasing.

    2Reply
  • Jonathan R McLaughlin
    Rental Property Investor · Boston, Massachusetts (MA) · Member since 2016 · 2k+ posts · 2k+ votes
    7y

    This is what lawyers like to call “a bad set of facts”

    0Reply
  • Garrett F Anderson
    OP
    New to Real Estate · Cleveland, OH · Member since 2017 · 47 posts · 15 votes
    7y

    @Derek Guivehchi Thank you for the input! I was thinking the same thing.  If I were in that situation, my first action wouldn't be to offer free rent or any kind of monetary compensation and to wait until the insurance company got involved to see the next steps. 

    @Levi T.  That makes sense.  I don't know the condition of the staircase before the incident so its hard to say whether it was negligence or an act of God.  Thank you for the info! 

    0Reply
  • Account Closed
    Investor · Milwaukee, WI · Member since 2013 · 1k+ posts · 1k+ votes
    7y
    Originally posted by @David Foxall:

    @Scott Mac

    Scott...you really think that was a helpful comment. Talk about being Captain Obvious. You added zero to the conversation (I didn’t either)

    No? Hmm...I thought it was the most helpful comment in the entire thread.

    0Reply
  • Jonathan R McLaughlin
    Rental Property Investor · Boston, Massachusetts (MA) · Member since 2016 · 2k+ posts · 2k+ votes
    7y

    Trying to be helpful here but also warn: your friend should make sure he has some kind of documented evidence of care and maintenance for his property insurance and liability insurance company and also has his own attorney, NOT just the insurance companies.

    It’s very possible the insurance(s) will refuse to pay. If they determine there was significant neglect or they were uninformed of deficiencies your friend could find himself without coverage. Needless to say this would be bad. And the tenant seems like he would have a very strong case against the landlord on the face of it.

    Every policy I’ve ever read has “bad boy” carve outs for just this reason. Make sure he is well represented.

    0Reply
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