Tenant Stepped on Roofing TACK.

[Ed L.]

Title tells the tale. Tenant stepped on a roofing tack last night outside my rental that had just been remodeled.

She called and asked if my insurance might cover her medical expense ($160.00)

I talked to my insurance agent and he said it would be better to pay her myself than to make such a small claim... Duh..

I talked to my lawyer and he said the indemnification clause in my lease agreement should cover my arse.

Before I responded to my tenant I thought I would ask BP for some feedback.

I would post the indemnification clause but Zip Form.com won't allow copy and paste.

[Mitch Kronowit]

Originally posted by Ed Lee:

Originally posted by scott hubbard:

If you pay the claim, then it is just the same as admission of responsibility...

That was my thoughts. By paying the bill I would be taking responsobility for the incident....

But here's the point that's being missed. As owner of the property and the one that hired the roofing contractor, you ARE responsible. Your fundamental duty as a landlord is to provide a safe and healthy residence. Your tenant stepped on a nail that was most likely left by the roofer because the premises were inadequately cleaned up after the job.

Offer to pay a portion, or all, of the medical expenses and have your tenant sign a release stating she is satisfied with your remedy. Then YOU go after the roofer for being sloppy and not dragging a magnet broom around the property to pick up stray fasteners.

Trying to hide behind some indemnification clause in a lease over a few bucks is just asking for this thing to fester and grow into a full-blown law suit. I would defuse this bomb now. :idea: