Tenant injury -- question about liability

25 Replies

Who is liable if a tenant is injured on my property while they are making a goodwill repair? I asked for help with window trim and a tenant seriously injured self --- resulting in an amputation. I didn't call EMS, so there is no connection to the address. Nor, did I pay any medical bills for the injury.

Emily; You should not even have to ask this question, if this is indeed on the level I'd say your reaction is pretty cold and uncaring; but you probably don't care about that opinion either. Make sure you are carrying lots of liability insurance you will need it very soon.

Originally posted by @Bjorn Ahlblad :

Yes, Troll gets my vote too. On here and out there!

 Especially, since a 1 minute look into some data bases shows that there's not one person with the name Emily Houz in the whole U.S.

Inform your insurance company and let them handle it......if they will.

Landlords never allow tennats to do any type of work on their property obviously due to liability issues.

The smart thing for you to do would be to get this thread deleated and deny you asked your teanant to do the work. Hopefully you only communicated with him verbally and not in writing or email.

Thanks for your comments Thomas. I have decided to evict them instead. The whole lease was about them doing restoration work in exchange for rent. However, this particular request of mine for help (window trim) was not listed in the outlined restoration work. After the amputation, the leasee was incapacitated to complete much of the work I wanted done. However, Leasee did complete a 100' perimeter board privacy fence (in the snow) in January with some helpers.  Leasee asked for compensation for the window trim job, but I wasn't willing and didn't include it in the list. Told her it would be a really big help for her to do it--it was just a little job.

And now you're going to evict her? Well...you'll be in for a lot of legal work coming your way...

Lawsuits can be hugely influenced by the way you react when something happens. The judge is not going to look favorably on ysou!,! Since you haven't shown an ounce of compassion.

One of the two leasees is a teacher and has a first grade child in school. Their last day of school is June 11, but June 5 is the court date for the eviction. I have a graduation party for a friend who us moving in planned in their yard on June 2. In preparation for the party, I took down a section of the fence that was built so that they couldn't let their dogs out to poop in the yard and we also put down some chemicals that animals and children should not be near.

I believe you will be facing legal action. Certainly made worse now by the eviction. You evicted them 1 week before school finished? You will likely be a very big loser when this comes to court. 

I am seeking advice and assistance, for which at least I thought, was this forum's purpose  -- look up the definition of troll-- doesn't fit here. So, it would be kind and wise of you to get off that commentary.

And now you're going to evict her? Well...you'll be in for a lot of legal work coming your way...

Lawsuits can be hugely influenced by the way you react when something happens. The judge is not going to look favorably on ysou!,! Since you haven't shown an ounce of compassion.

It's kind of fun feeding this troll, as every post from 'her' is.....how much worse can I make this situation? Nobody can possibly be that stupid to think that this is ok behavior for a landlord. And if they are, then they deserve everything that's going to come their way. 

Let's see what her next exacerbation is going to be, after she put out dangerous chemicals that can hurt the tenant's child and dog. 

Hm......how about: In anticipation of the party, I cleaned the gutters at the house and left the ladder standing up below their bedroom window and someone climbed in and robbed them and they claim that it's my fault. Silly rabbits.....they should have just moved the ladder and be happy that I cleaned the gutters for them......

You are partially responsible for the tenant’s injury and you made it worse by trying to evict her. You have handled this so poorly and will likely lose badly in court. I doubt she will even be evicted. And then the tenant will be so mad about the stress of it that she will be even more eager to sue you for damages. I would drop the eviction, hire a property manager; and try to get a professional property manager to be nice to the tenant. And pouring chemicals that are dangerous to children and animals in the yard is beyond stupid if you are serious. Are you trying to increase the damages against yourself in court?

Whenever the tenant does move out you should sell the property and any other rentals that you have because you are not cut out to be a landlord. You are beyond incompetent as a landlord if you are not making up this story.