Who is Responsible When Someone Falls - Seller or Listing Agent?
Do you have a lot of money in the bank or under you mattress? You better, if you don't have E & O insurance that covers slip and falls. When showing homes in the winter, it's easy for someone to fall on the ice, or trip over something that was under the snow, especially if it wasn't shoveled. Not only will they sue the owner of the property, but probably the listing agent and the agent showing the home and their principal brokers. Read what Bette Gottwald has to say in her blog.
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.
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.
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.
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
3435 Market Street
Camp Hill, PA 17011
717.503.5515 Cell | 717.583.HOME Office
717.458.8054 Voice Mail/Home Office“Bet” you will be 100% satisfied with our real estate services!
