The question of liability is probably never on your mind as you carry on with your life as a tenant. But when an unexpected injury occurs in your rented home, this question immediately comes to light. Maintenance workers, construction workers, and even your babysitter are essentially employees who have a right to work in a safe and risk-free environment within your home.
So, if a worker does get injured while working in your apartment, who’s liable? All of your questions about this will be answered here, but remember to also check with a good lawyer if the details of such an incident have gray areas.
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Two Types of Liability Expenses
When someone gets injured in your rented apartment, it poses two potential risks to you as the tenant. First, there’s the cost of medical bills for the treatment of the injured person. This individual may need to be rushed to the emergency room, or they may have to undergo progressive rehabilitation over a period of time in the future. All of these treatments cost a lot of money, and you may be the one to fit the bill.
The second risk is being sued for the injury that took place. The finding may indicate that you were negligent in some way and that damages should be paid to the person for the trauma and injury they suffered. Both these instances are going to affect your finances, which is why it’s so important to have renters liability insurance cover as a tenant.
Safety Responsibility of a Tenant
Prevention is always better than cure. Taking certain safety precautions as a tenant within your rented home can prevent injuries from taking place. Better yet, having cameras in your apartment can also protect you from being held liable if it can be shown that the person who injured themselves did so because of their own negligence and not yours.
If you know that a worker of some capacity is entering your rented apartment, here are some things to keep in mind in order to prevent injury as much as possible:
- Keep your apartment organized, clean, and tidy. Accidents are less likely to happen if your space is open and free from obstructions.
- If you see accident-prone obstructions that are not your responsibility, notify your landlord a few days before the worker arrives. Keep a record of this correspondence to your landlord so that you can show that you did your due diligence in trying to prevent potential accidents.
- Be aware of dark spaces and attempt to light them up. Dark areas of your apartment may be a hotbed for accidents, so make sure your drapes are open and that the entire area being worked in is well lit.
- If your dogs or other pets have the potential to cause injury, keep them locked up while the work is being done. A maintenance worker may trip over a roaming cat, and your babysitter may be mistaken for an intruder by your dog. Make sure your pets aren’t in the way and won’t cause injury in any way.
When Will You as the Tenant Be Held Liable?
The only time you, as the tenant, will be held liable for the injury of a worker is if it can be proven that you were negligent in some form or another. This can include an unruly pet, a loose fixture that you were aware of, clutter, exposed electrical wiring, and other instances where you didn’t do all you could to fix or warn about the safety hazard.
When Will Your Landlord Be Held Liable?
Your landlord may also be held liable for the injury of a worker in your apartment if they were made aware of a hazard but failed to do anything about it. This is why it’s so important to keep records of all your correspondence between yourself and your landlord.
When Will the Injured Party Be Held Liable?
The person who got injured in your apartment may have done so because of their own negligence. Not taking the correct safety precautions within their own capacity as a worker could, in some circumstances, make them liable for their own injury. In such a case, their medical bills are their own responsibility or the responsibility of their employer.
When is it Time to Get a Lawyer?
Then, there are those circumstances where the cause of injury is foggy. There isn’t any clear indication of who is directly or indirectly to blame for the incident. If the injured party is threatening legal action against you as the tenant, then it may be best to contact a good lawyer who can advise you on the way forward.
Final Thoughts
Nobody wants a situation where a worker gets injured. But bear in mind that there are people out there who think opportunistically about situations like these, always seeking to get something out of the mishaps they suffered. Stay safe by doing your best to prevent accidents in your rented apartment and always have a good lawyer on speed dial in case something like this does happen.
