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i hired a worker to rebuild a porch at one of my rental units. The tenants were informed about the build days ago. The worker went over to the apartment to fix the stairs and found the tenants sitting on it and informed them he needed to work on it. They didnt move. I just recieved a phone call tonight that a friend of the tenants fell through the porch and broke his arm and is going to sue me. What courses of action do i have? Will my home owners insurance cover this? Can i evict the tenants? and/or sue them for damaging the porch?
I found this answer online but i’m still not 100% sure if I am liable or not..
When is a landlord liable for an injury to a tenant or visitor to the rental property?
To be held responsible for an injury on the premises, the landlord or property manager must have been negligent in maintaining the property, and that negligence must have caused the injury. All of the following must be proven for a landlord to be held liable:
It was the landlord’s responsibility to maintain the portion of premises that caused the accident.
The landlord failed to take reasonable steps to avert the accident.
Fixing the problem (or at least giving adequate warnings) would not have been unreasonably expensive or difficult.
A serious injury was the probable consequence of not fixing the problem (the accident was foreseeable).
The landlord’s failure — his negligence — caused the tenant’s accident.
The tenant was genuinely hurt.
For example, if a tenant falls and breaks his ankle on a broken front door
I found this answer online but i’m still not 100% sure if I am

1 Thought on My tenant fell through the porch and broke his arm will insurance cover this?
  1. Reply
    March 1, 2014 at 2:42 am

    For starters, I hope you have BUSINESS OWNER insurance and not simple ‘homeowner insurance;. There is a distinct difference between them. Homeowner insurance covers you if you live in the premises, as your primary residence. If this is a full rental property, you need business owner insurance.

    That being said. verbal information to the tenants will not be sufficient. It there was work progressing which might cause a potential hazard to the tenants, you need to have secured the area with reasonably sturdy fencing or similar, such that they could not access the area in which the work was progressing.

    You can only contact your insurer and hope that you will be covered. However, expect a LOT of questions. As well, did you certify that your contractor carried liability insurance in such an event ?

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