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Updated about 5 years ago on . Most recent reply

User Stats

120
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36
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Oleksandr Ivanovskiy
  • Rental Property Investor
36
Votes |
120
Posts

Tenant broke railing while falling in stairwell. Who responsible?

Oleksandr Ivanovskiy
  • Rental Property Investor
Posted

She claimed that lights were not working . She fall grab the railing and broke it.

  • Oleksandr Ivanovskiy
  • Most Popular Reply

    Account Closed
    • San Jose, CA
    3,246
    Votes |
    4,456
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    Account Closed
    • San Jose, CA
    Replied

    She could have fallen whether the lights were working or not.  Faulty handrails are the landlord's responsibility.  It's the landlord's responsibility to provide safe housing, and handrails are required by code - for safety.  Good luck telling a judge your tenant shouldn't have fallen so hard.  Or been so fat.

    Any personal injury should be covered by your insurance - which you have lots of, right?  

    But, I would bet good money that if you come at that tenant with a bill for a broken railing, they'll be calling a lawyer, who will be calling you to find out the name of your insurance company, and if you don't have enough coverage, that lawyer will be then filing a suit against you and your assets, because that tenant is going to start realizing that she's hurt - and if you'd just been decent about it, she may have just let it go.

    This is one of those obvious times when you do the right thing and just fix the dang railing!  And ask the tenant if they're okay.  An easy way to avoid an expensive lawsuit, higher insurance premiums, etc.

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