Who is Responsible When Someone Falls - Seller or Listing Agent?

By
Real Estate Agent with UNITED REAL ESTATE | Central PA RS193539L

 

Icy Driveway

Considering the extremely cold weather, heavy snows and ice this winter, it is surprising that real estate agents are not involved in more slip and fall cases. Think about it. We take or invite strangers into homes we are not very familiar with.

 

 

Man Falling

Even if the sidewalk has been shoveled and the driveway is clear, a fall causing bodily injury isn’t out of the realm of possibility. Who is responsible when a fall occurs resulting in any injury?  Who will be sued? I am not an attorney, but from what I understand, it is usually the Seller and the listing broker.

 

 

 

Listing agents are well advised to walk around the house on the walkways and driveway to assure that they are not overly slippery or obstructed by items that have to be stepped over or around.

 

 

 

There are additional steps to think about beyond the obvious. This is a good time to check that you have a General Liability Policy that will insure falls not covered by Errors and Omissions coverage. Icy sidewalk

 

Planning for tomorrow’s problems may not be the easiest thing to do, but talk to your insurance carrier to review your coverage, it might be an “error” for you not to.it might be an "error" for you not to explore all your company's insurance needs.it might be an "error" for you not to explore all your company's insurance needs.it might be an "error" for you not to explore all your company's insurance needs.it might be an "error" for you not to explore all your company's insurance needs.it might be an "error" for you not to explore all your company's insurance needs.

 

 

 

Posted by


                         

     

  Bette Brennan Gottwald, Realtor®, e-Proâ, RECS, CSP,
  Accredited Staging Professional  (ASP™) -  RS193539L    and
Joe Gottwald, Ph.D., Associate Broker – AB060350L
  State Certified Broker/Appraiser – BA001935L

 BHHS

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Comments (24)

Bette Gottwald
UNITED REAL ESTATE | Central PA - Mechanicsburg, PA
"Bet"on Central PA Real Estate!

John, Unfortunately, a kind reminder to our visitors sometimes just isn't enough. I know of no one who can walk up an incline on ice.  It's important we all take a proactive role in protecting against the elements. 

Jan 27, 2014 07:27 PM
Bette Gottwald
UNITED REAL ESTATE | Central PA - Mechanicsburg, PA
"Bet"on Central PA Real Estate!

Gerard, yes, this is a great question to  ask the broker, who will in turn ask the general counsel for our Association of Realtors. 

Jan 27, 2014 07:32 PM
Lottie Kendall
Compass - San Francisco, CA
Helping make your real estate dreams a reality

So it's not just California that is litigious! I hadn't thought how snow and ice create lawsuits, or the threat of them.

Jan 27, 2014 09:06 PM
Rob D. Shepherd
Windermere/lane county - Florence, OR
Principal Broker GRI, SRES

I beleive it would fall to the homeowners insurance. I still do what I can to spot trouble first.

Jan 27, 2014 09:53 PM
Grant Schneider
Performance Development Strategies - Armonk, NY
Your Coach Helping You Create Successful Outcomes

Bette - your assumption about the seller and listing broker is proabably correct but considering how lawyers drag every party into it we must beware.  Good time for us to check our business liability coverages.

Jan 28, 2014 01:00 AM
Barbara-Jo Roberts Berberi, MA, PSA, TRC - Greater Clearwater Florida Residential Real Estate Professional
Charles Rutenberg Realty - Clearwater, FL
Palm Harbor, Dunedin, Clearwater, Safety Harbor

I am so glad I don't have to deal with this. I remember in Germany we had to get out early to clear the sidewalks.

Jan 28, 2014 06:04 AM
Larry Johnston
Broker, Friends & Neighbors Real Estate and Elkhart County Subdivisions, LLC - Elkhart, IN
Broker,Friends & Neighbors Real Estate, Elkhart,IN

Hi Bette. Very nice blog.  Something all agents should think about and be prepred. "Suggested"

Jan 28, 2014 10:08 AM
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

Bet, It worries me a little when the weather turns bad and conditions get slippery. Even though our listing contracts clearly state the company and the agents are not liable we all know the big net theory if someone gets hurt.

Jan 28, 2014 10:37 AM
Bette Gottwald
UNITED REAL ESTATE | Central PA - Mechanicsburg, PA
"Bet"on Central PA Real Estate!

Lottie, I'm not showing many homes because of the bad weather, it's very risky to attempt to walk in certain area.

Jan 28, 2014 10:56 AM
Bette Gottwald
UNITED REAL ESTATE | Central PA - Mechanicsburg, PA
"Bet"on Central PA Real Estate!

Rob, you would think it would be the homeowners, but it a litigious society.

Jan 28, 2014 10:58 AM
Bette Gottwald
UNITED REAL ESTATE | Central PA - Mechanicsburg, PA
"Bet"on Central PA Real Estate!

Grant, because of the bad weather conditions all over the country, I felt it was a good time to post a blog on the subject of "insurance."

Jan 28, 2014 11:00 AM
Bette Gottwald
UNITED REAL ESTATE | Central PA - Mechanicsburg, PA
"Bet"on Central PA Real Estate!

Barbara-Jo,  Certainly in Germany you did your share of shoveling!

Jan 28, 2014 11:01 AM
Bette Gottwald
UNITED REAL ESTATE | Central PA - Mechanicsburg, PA
"Bet"on Central PA Real Estate!

Larry, We should all be prepared, I thought the timing for this blog was appropriate.  Thank you for the suggestion!

Jan 28, 2014 11:08 AM
Bette Gottwald
UNITED REAL ESTATE | Central PA - Mechanicsburg, PA
"Bet"on Central PA Real Estate!

Debbie, For many homeowners, their insurance covers this, but when bodily injury is involved . . .

Jan 28, 2014 11:13 AM
Noah Seidenberg
Coldwell Banker - Evanston, IL
Chicagoland and Suburbs (800) 858-7917

Bette a very good question (and great blog). No one wants to get hurt and even reading this might make us more careful out there.

I think It is probably the homeowners policy, but what if it is a foreclosure, short sale or they are delinquent on the policy. BTW, I was pointed here by Larry who is so good at being a re-blogger.

Jan 28, 2014 09:58 PM
Patricia Kennedy
RLAH Real Estate - Washington, DC
Home in the Capital

I had an office mate once who fell and broke her knee on an unshoveld walkway - and she was married to a senior partner in one of DC's largest firms.  Both listing agent and homeowner regretted not having been more careful about shoveling.

Jan 28, 2014 11:27 PM
Bette Gottwald
UNITED REAL ESTATE | Central PA - Mechanicsburg, PA
"Bet"on Central PA Real Estate!

Noah, it seems the homeowner would be responsible, but as you pointed out, if it's a foreclosure or the Seller is delinquent in the payment of their insurance -- the injured will be looking for someone with money to sue.

Jan 29, 2014 06:39 AM
Bette Gottwald
UNITED REAL ESTATE | Central PA - Mechanicsburg, PA
"Bet"on Central PA Real Estate!

Pat, I'll bet the list agent and homeowner learned a valuable lesson!

Jan 29, 2014 06:42 AM
Margaret Rome Baltimore 410-530-2400
HomeRome Realty 410-530-2400 - Pikesville, MD
Sell Your Home With Margaret Rome

Perfect timing for this information. Well done post with great photos and explanation. Not a bad idea if you are showing properties to ask the listing service or agent  if the snow is clear before subjecting your buyers.

Jan 29, 2014 12:57 PM
Kwee Huset
Kwee Huset Realty - Venice, FL
Venice Florida Homes For Sale

Hi Bette, accident may happen in any weather condition. That is one of the reason we needs insurances. 

Jan 30, 2014 10:23 PM

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