Tenant Injury Due to Fire

Tenant Injury Due to Fire

Aubrey, TX · Member since 2017 · 2 posts · 0 votes

Recently, a socket caught fire in my rental property and the tenant was injured while putting out the fire. What can I expect from a contractual, insurance, or "unofficial" legal standpoint regarding the tenant's injuries?

I rented out my first property about six months ago. The property was in good condition but a socket caught fire while the tenant was using the dining room as an office. The damage was minor and only affected the socket and about 3 feet of sheetrock; however, the tenant put the electrical fire out with his hand. His injury resulted in a minor burn on his hand.

The tenant had the fire department inspect the area as well as an electrician associate (the tenant works in residential restoration). The story is that the socket was not in use at the time and combusted due to how the builder ran the lines to the sockets. (My independent electrician stated that socket was most likely faulty). A fire exstinguisher was provided but was located in the garage and was not used to extinguish the fire. The rental agreement is the standard Texas Apartment Application.

Below, is a copy of the exact verbiage in the agreement:

"INDEMNIFICATION. Landlord shall not be liable for any damage or injury of or to the Tenant, Tenant's family, guests, invitees, agents or employees or to any person entering the Premises or the building of which the Premises are a part or to goods or equipment, or in the structure or equipment of the structure of which the Premises are a part, and Tenant hereby agrees to indemnify, defend and hold Landlord harmless from any and all claims or assertions of every kind and nature."

The damage was not enough to file with my insurance and the tenant did not seek medical attention after the event. That said, I am wondering what to expect and how to responsibily react when handling this situation. I am not looking for official legal advice at the moment, just some advice from members if anyone has ever experienced this situation (or anyone in the future that can use this post).

Thanks 

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Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
8y

You should have notified your insurance company and told them of the fire, the injury and you should probably still do this.. the tenant could still file a claim, you state the damage wasn't that great, but knowing there was a injury you should have notified them.

If the cause of the "socket fire" was due to overuse by tenant, or bad wiring it needs to be addressed and you should probably have a electrician check it out completely.

A fire caused by tenant in my game is given notice of non-renewal and or notice to vacate.

You have insurance for a reason. If you notify agent of injury and no claim is filed ... fine... your rates would not be affected,, if you have a fire and chose to do the repairs yourself,,fine,, but the fact the fire dept was called out makes it reason to notify your agent of the situation and then make a qualified decision on how to proceed. 

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  • Realtor and Investor · Scottsdale, AZ · Member since 2017 · 1k+ posts · 1k+ votes
    8y

    That's a hard one.  Obviously if it comes to a decision, you would need to consult an attorney.

    However, my instincts would be to offer to pay for any medical bills.  You stated that they didn't seek medical treatment.  Is that because it wasn't that bad, or because the Tenant didn't think they could afford medical treatment?

    In the absence of that, I would have some type of incident report completed that basically describes the events and includes a Tenant acknowledgment that they declined medical treatment.  I might send them a gift card of some sort for helping you avoid a full scale fire and resulting rebuild.

  • Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    8y

    Do not offer money , its an admission of liability . Sit back and see what the tenants next move is . Its not a problem till its a problem 

  • Aubrey, TX · Member since 2017 · 2 posts · 0 votes
    8y

    As it turns out, the tenant actually sought medical care. The injury was very minor. It was covered by their insurance. If anything additional comes from this incident, I'll provide an update. Thanks for the replies.

  • Real Estate Investor · Williamson County, TX · Member since 2011 · 1k+ posts · 961 votes
    8y
    Tell your tenant you are sorry about the fire and that you hope he understands that he is not ever expected to put himself in harms way. Houses can be fixed. Acknowledge that he may have been trying to prevent his belongings from burning up with the house but he did save you from more extensive damage by putting out the fire and for that you would like to cover his copay for the medical attention and the cost of bandages...and then when you mail him a check, add a gift card for a meal out or whatever. He seriously did you a solid by putting out the fire and not just running outside and calling 911.
  • Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
    8y

    You should have notified your insurance company and told them of the fire, the injury and you should probably still do this.. the tenant could still file a claim, you state the damage wasn't that great, but knowing there was a injury you should have notified them.

    If the cause of the "socket fire" was due to overuse by tenant, or bad wiring it needs to be addressed and you should probably have a electrician check it out completely.

    A fire caused by tenant in my game is given notice of non-renewal and or notice to vacate.

    You have insurance for a reason. If you notify agent of injury and no claim is filed ... fine... your rates would not be affected,, if you have a fire and chose to do the repairs yourself,,fine,, but the fact the fire dept was called out makes it reason to notify your agent of the situation and then make a qualified decision on how to proceed. 

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