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20181004 Injuries of tenant and visitor

20181004 (Thu)

If my tenant got injured due to my property, am I liable for the injuries? Are landlords liable for injuries to tenants and visitors that occur inside or outside of a rented unit?

Generally, no.

Landlords are only responsible for the maintenance of common areas; warning of hidden dangers that they know about and making safe furnished dwellings on short term lease. What happens inside a tenant’s dwelling is their responsibility.

This I have a case to share. My friend’s rented apartment in KL has this issue of a manhole without cover. To make the matter worse, this manhole is just outside the driveway into the parking area of this block of apartment. Which means, there is no way to avoid this manhole unless you do NOT drive into the parking lot. The metal cover was stolen by some scumbag selling it for scrap metal in order to get some money for drug may be.

Now, the question is who is responsible to fix it? The council (as it is just outside the gate)? Or the landlord as it is his responsibility to ensure the safety of his tenant to enter the parking space?

It can NOT be the responsibility of the tenant, right? He has paid for the peaceful stay of the premises, with safety included. Anything less, he has the right to demand what he had paid for. Just for the sake of discussion, what if someone is injured while entering the apartment? Who is liable for this mishap? The Council? The Landlord? The whoever who stole the cover?

As it is outside the gate, then it is under Council. However, Council is not a person. Thus, giving notice and following up is the job of the landlord. If there is remedy done by the landlord, yet the incident of injury happened. It is not the fault of the landlord. The only exception would be where a landlord’s faulty repair or workmanship caused the injury. Then the landlord may be liable.

The best way to avoid potential losses from injuries related to maintenance is, obviously, to keep your property in great shape. If you haven’t done so already, prepare a written checklist and go through the common areas of the property as well as tenant units before tenants move in.

Ref:

https://realestate.findlaw.com/landlord-tenant-law/liability-for-tenant-injuries-and-insurance-for-landlords.html
http://www.alllaw.com/articles/nolo/personal-injury/landlord-liable-tenant-injuries.html

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