Landlords Can Be Held Legally Liable For Injuries to Tenants
As a landlord, protecting your property, whether residential property or commercial building, may be high priority for you. A commonly overlooked risk landlords like you face are injury claims. Injuries can result from elements past control, but in certain instances, a landlord may be legally liable for injuries to tenants and other third-parties.
A very common type of personal injury lawsuits has to do with a claim of negligence. Negligence is defined as a particular situation in which a person acts in a careless, “negligent,” manner. This results in one or more persons getting hurt or where property is damaged. The law considers a person’s actions to be negligent if:
- He owed a duty to someone else to be careful
- He was not careful
- The other person suffered some type of actual harm
- The first person’s failure to be careful caused the harm
The best way to prevent liability is to be dutiful as a landlord. This means taking the initiative to address potential problems or issues, therefore reducing and/or eliminating hazard. A couple examples include:
- Regularly inspecting premises
- Maintaining a to-do list of issues that may occur, as found by landlord or reported by tenants
- Prioritizing necessary updates or repairs
- Communication with tenants
Frequently Asked Questions
Q: What does a landlord policy cover?
A: A traditional landlord policy covers general liability and property insurance coverage. Other coverages can be included including loss of rental income, workers compensation, commercial auto, and more.
Q: Will homeowners insurance cover my rental property?
A: Homeowners insurance is typically a personal lines product. This mean that it will only cover a home occupied for personal use. If a home, apartment or investment property is regularly being rented out, a landlord or rental dwelling policy is required.
Q: Is it possible for a tenant to sue a landlord for damages?
A: If a landlord is aware that a property is unsafe and the tenant suffers physical or property damage due to the landlord’s negligence, the injured tenant may be able to sue and recover compensation from the landlord.
Q: Is the landlord legally responsible for water damage?
A: A landlord is legally required to fulfill his/her duty to keep the plumbing, along with the rest of the building, in working order and good shape. If not, the landlord can be held responsible for paying any losses which can include property damage to the tenants belongings.
Injuries to Tenants – Liability Insurance for Landlords
Realistically speaking, accidents are accidents. Although sometimes they may seem very unlikely, the risk still exists. Liability and property insurance for landlords is the best way to protect yourself from third-party injury claims and losses. Property insurance coverage helps protect for repair or replacement of damage to property and may include loss of rental income. Liability insurance coverage protects you for third-party injury losses or claims against you as the landlord.
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