Commercial and Residential Leases: Injury Liability in Rented Spaces

No one can prevent injuries from occurring, but that doesn’t mean no one is held liable for causing the injury. From commercial to residential property, injuries can happen anywhere. Depending on the circumstances of how the injury occurred, either the owner of the property or the individual leasing can be found liable.

Who’s Liable on Leased Property?

The liability of an injury could fall on either the owner or the tenant. There is a fine line when it comes to determining who is solely responsible for the injury. But when it comes down to it, the individual who is found in control of the property at the time of the injury is the one who tends to be held liable.

Owner Liability

The owner of the property is expected to consistently and properly maintain all aspects of the property. This includes maintaining all common areas that are shared between numerous tenants if there is more than one tenant in the same building or complex. They must warn the tenant of any potentially dangerous conditions prior to allowing the new tenant to move in. The owner of the property can be held liable for the following injuries:

• Injury is due to the negligence of the owner.
• Injury resulting from a property maintenance issue.
• Injury resulting from failure to keep the property in safe and good working order.

If the owner is aware of a problem with the structure or land ahead of time and chooses not to repair it, they are most considered liable. Whereas, if the issue was not reported, making them unaware of the risk, then they are much less likely to be held responsible for the injury that occurred. For instance, if a guest or tenant were to fall and get injured after the railing for the outdoor stairs broke, the owner of the property would be liable because it is a common area they are responsible for maintaining.

Tenant Liability

The owner is not always the one liable. There’s always the chance that the individual leasing the building can be found liable as well. If an injury occurs while the tenant is in control, they can be considered liable. If an incident occurs where the tenant is fully in control of the situation and property, and they or a guest gets injured, the tenant is to be held liable, not the owner of the property.

With commercial property, tenants tend to be held liable more often than landlords. This is because the tenants tend to have more control over the situation than the landlord would at the time.

Liability Insurance

Now that you understand who is to be held responsible for the cause of the injury, you should consider purchasing insurance to protect you in a time where injury arises. To avoid any possibility of a claim or lawsuit against the owner of the property, it may be in the owner’s best interest to purchase liability insurance. This insurance can assist in protecting financial assets if someone chooses to file a lawsuit against them. If a lawsuit is filed, it can be encouraged by financial difficulty, emotional harm, or physical injury due to the injury.

If you still have questions or would like to learn more regarding injury liability in rented spaces or liability insurance, contact us at H&K Insurance. We’re always willing to help with all your insurance needs.