I know it is the new year and losing weight and getting in shape is always a popular resolution (it happens to be my resolution for the past 10 years running) but if you are looking for an excuse...here’s one of the best ones out there—the floor literally collapsed at a recent Weight Watchers meeting. Who knew dieting could be so dangerous!!! The good news is, all of the dieters escaped uninjured and managed to move the scales to the corridor, which was not damaged in the accident, and were able to complete their weekly weigh in. Phew!
Whenever events like this happen my mind automatically goes to liability. Specifically, even if this is a freak accident, who is responsible for the damages? Although, I am not sure of the specific liability for the weight watchers case, generally the landlord (or owner) or the premise is responsible for damages relating to the structure of the property, the fixtures, and other relatively permanent elements of the property are considered to be under the landlord's control, and the landlord will probably be liable if they cause hazardous conditions that cause injury or loss. This liability applies even if the landlord did not specifically know of the structural issues.
Landlords are typically not responsible for the elements of the property that are under the leaser's control, such as the furniture, store shelving, and general non-structural maintenance, like keeping the floor free of debris. It’s easy to see how there is a lot of grey area between the two, which explains the high rate of landlord/tenant litigation in the area of commercial and residential leases.
A recent LegalMatch study revealed a high level of inquiries both on the plaintiff and defendant sides for residential and commercial liability. When renting properties, either on the landlord or tenant side, I think it is wise to invest in insurance. Renters insurance is very easy to get and relatively cheap. Landlord insurance is essential as there will always be issues when you are renting your premises to other people. In the end, the old motto, “better safe than sorry” is the best way to approach situations such as these!
Comments