Does landlord insurance cover a tenant injured on their property? The number of renter-occupied homes in the US has been steadily increasing. With that, the number of tenant injuries does too. But a tenant injured on property you manage is never a pleasant experience.
They may claim you are liable for their medical expenses, loss of income while recovering, or even their emotional distress. However, there are laws protecting the rights of both landlords and tenants in these situations.
Many property managers are unsure of their responsibility in such a scenario. Don’t be one of them. Avoid confusion and learn the facts about this issue, in this guide to your responsibility as a property manager for tenant injuries on the rental property.
So, Does Landlord Insurance Cover Tenant Injuries?
Landlord insurance in the US typically includes some degree of liability coverage. This may cover injuries sustained by tenants on the property if such injuries are due to the property manager’s negligence.
If the landlord or property manager is found liable in the case of a tenant injured on the property you are renting to them, your liability coverage will cover their medical costs. However, this is more common when it can be proven that as the property manager, you failed in your duty to maintain a safe property and that is what caused the injury.
In other words, your negligence must be proven.
What a Landlord Insurance Policy Covers
Landlord insurance typically includes dwelling coverage as well as coverage for unattached structures that belong to the property like garages and fences.
The property owner or property manager’s personal property such as household appliances, or even lawnmowers, snow shovels, and other tools may also be covered for damage.
All of the above may be insured against damage due to accidental damage, vandalism, storms, fire, or even burglary. It may cover tenant damage if it is accidental, but it generally does not cover deliberate tenant damage. That is usually covered by the security deposit received from the renter.
Lost income may be included if the property itself is severely damaged and cannot be rented out for the usual rental income. Separate policies are usually required for flood insurance or earthquake insurance coverage.
Landlord insurance coverage also usually includes liability coverage that covers a tenant injured on property they are renting from you. However, in such instances, landlord liability must be proven.
What a Landlord Insurance Policy Does Not Cover
Landlord insurance is not the same as homeowners insurance. Landlord insurance coverage is designed to meet the needs of people renting out their properties to others, while homeowners insurance is designed for owner-occupied properties.
Landlord insurance typically does not cover maintenance costs, appliance breakdown, or equipment failure. It also does not cover damage to or loss of a renter’s personal belongings. It also does not usually cover injuries sustained through the tenant’s negligence.
A renter’s insurance policy or additional liability insurance may be better than landlord policies for some of these situations.
When Is a Property Manager Liable for Resident Injuries?
Negligence is the legal standard in all cases of premises liability. Has the property manager deviated from the accepted standard of care? Was their action (or lack of action) unreasonable, or did they behave as expected in line with their responsibilities as a property manager?
These are questions the judge would ask if such a case made it to court.
Injuries Due to Unsafe Property Conditions
A property manager is held liable for a tenant injured on property they manage if they failed in their duty to provide a safe and habitable home and such negligence led to the injury. To prove this liability, their negligence must be determined as the foreseeable and direct cause of the injury.
An example would be not attending to a fault with the flooring that caused the resident to trip and fall, sustaining injuries. Or failing to remove a build-up of ice and snow that made the front path slippery and hazardous. Or faulty wiring leading to a kitchen fire. This includes common areas like stairs, stairwells, and entranceways.
To stay on top of your rental property maintenance tasks and avoid resident injuries, RentCheck can help. RentCheck offers a comprehensive solution to prevent injuries due to unsafe property conditions with its 360-degree inspections.
Our resident-led reporting system ensures that every corner of the property is thoroughly inspected, helping you catch potential hazards before they become serious issues. By using RentCheck, you can save time on inspections and maintain a safer living environment for your tenants.
Injuries That Are Caused During Home Invasions and Break-Ins
A property manager is also responsible for protecting residents against break-ins and home invasions.
This includes installing security measures like deadbolts on the main entrance and exit doors, locks, and bars on ground floor windows, appropriate security devices at ground floor sliding glass doors (such as sliding doors to a pool area), and adequate lighting.
If such security measures are not taken and the resident is attacked and injured on the property, the property manager may be held liable. This is especially true when the property is in a known high-crime area.
Injury Due to Fires and Environmental Hazards
The duties of a property manager extend to protecting residents from fire and environmental hazards. Fire protection measures should include a fire hazard inspection (and appropriate action taken in line with the findings), and the correct installation of carbon monoxide detectors and smoke detectors.
If a property manager does not take these steps to protect the property and residents in case of fire, and tenants are injured because such measures weren’t taken, the property manager may be liable. The landlord's insurance usually covers fire damages, too.
When Is a Property Manager Not Responsible for Resident Injuries?
If the injury sustained by the tenant resulted from their negligence, intentional damage, or reckless behavior, the property manager will typically not be held liable. An example is if the property damage that caused a fall was done by the resident without the property manager’s knowledge.
What About Injuries to Visitors on Rental Property?
The same rules apply if the injured party is a visitor.
For the property manager to be held liable, it must be proven that their negligence or failure to provide a safe environment directly caused the injury. If the injury was sustained due to negligence or reckless behavior on the visitor’s part, the property manager will not be liable.
How Can the Resident Prove the Property Manager Liable?
Property managers have the legal responsibility to maintain the premises, comply with building codes, and repair physical hazards promptly. Failure to do so will allow the resident to prove liability. But there’s a little more to it than that.
To prove liability, a tenant must prove that:
- The property manager had a duty to repair the hazard that caused the injury in a reasonable time frame.
- The property manager failed to do these necessary repairs.
- The property manager’s failure to do necessary repairs which would have averted the injury, in other words, their negligence, was the cause of the injury.
- Therefore, the property manager’s behavior or inaction was the cause of the injuries (damages).
A resident on your property cannot prove you are liable for their injuries unless all of the above conditions are met. Although these all seem factors to go together, it depends on the specific incident. Other factors may be at play, such as reckless behavior on the tenant’s part.
Landlord Insurance Policies
Most landlord insurance policies in the US include some form of liability coverage for residents and visitors insured on rental property. This would cover legal fees and medical bills arising from such incidents. However, this is typically restricted to the common areas of the property.
Additional Liability Coverage Options
Additional liability coverage is always an option, and you can discuss this with your insurance agent or insurance provider and ask for an insurance quote for additional liability coverage.
Generally, the resident is encouraged to sign up for renters insurance. A renters insurance policy would cover losses or damages sustained in the home. With the addition of liability coverage, any personal injury that the property manager can’t be held liable for would then be covered.
Safeguard Your Rental Property and Residents With RentCheck's Inspection Tool
When a tenant injured on property you own or manage decides to sue, it’s always stressful. Does landlord insurance cover tenant injury? Yes, if you have landlord’s insurance, it will cover injuries you can be held liable for. But no property manager wants to be held liable for a resident’s injuries.
Fortunately, it is avoidable. The key is to provide a safe and habitable rental space. Maintain the common areas and repair hazards as soon as possible after they occur. Install security measures. And do regular inspections.
RentCheck’s automated property inspection lists help you identify faults that need repair before they can lead to injuries. Sign up for free today!
