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

Reblogger Larry Johnston
Real Estate Agent with Broker, Friends & Neighbors Real Estate and Elkhart County Subdivisions, LLC RB14037276

 

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.

Original content by Bette Gottwald 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.

 

 

 

    

  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!

 

 

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George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert

Larry when someone sues they use the shot gun approach, and anyone and everyone gets included in the law suit.

Jan 28, 2014 10:30 AM #1
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Bette Gottwald
UNITED REAL ESTATE | Central PA - Mechanicsburg, PA
"Bet"on Central PA Real Estate!

Thank you for the reblog Larry!

 

Jan 28, 2014 11:17 AM #2
Rainmaker
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Larry Johnston
Broker, Friends & Neighbors Real Estate and Elkhart County Subdivisions, LLC - Elkhart, IN
Broker,Friends & Neighbors Real Estate, Elkhart,IN

Hi George, I have heard of that, so they can ge more than one settlement.

Jan 28, 2014 09:16 PM #3
Rainmaker
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Larry Johnston
Broker, Friends & Neighbors Real Estate and Elkhart County Subdivisions, LLC - Elkhart, IN
Broker,Friends & Neighbors Real Estate, Elkhart,IN

Hi Bette, Great subject.  Have a great day.

Jan 28, 2014 09:17 PM #4
Rainmaker
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Evelyn Johnston
Friends & Neighbors Real Estate - Elkhart, IN
The People You Know, Like and Trust!

Oh boy, in this sue happy world this is probably an issue.  Be covered, be safe, don't go if it doesn't look safe...

Jan 28, 2014 09:34 PM #5
Rainmaker
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Larry Johnston
Broker, Friends & Neighbors Real Estate and Elkhart County Subdivisions, LLC - Elkhart, IN
Broker,Friends & Neighbors Real Estate, Elkhart,IN

Hi Ev, you've got that right. E & O doesn't cover that, so you need another type of insurance.

Jan 29, 2014 10:44 AM #6
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Margaret Rome Baltimore 410-530-2400
HomeRome Realty 410-530-2400 - Pikesville, MD
Sell Your Home With Margaret Rome

Perfect timing for this reblog. Thank you for sharing. I am going over to visit Bette.

Jan 29, 2014 12:54 PM #7
Rainmaker
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Larry Johnston
Broker, Friends & Neighbors Real Estate and Elkhart County Subdivisions, LLC - Elkhart, IN
Broker,Friends & Neighbors Real Estate, Elkhart,IN

Hi Margaret, I will be glad when this season is over and the flowers come out. No more slippyng and falling on the ice, shoveling snow and getting the car battery jumped to get it started.  Bette had perfect timing when she wrote it.

Jan 29, 2014 09:32 PM #8
Rainmaker
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Eric Crane -- Your Full Service, Discount Fee Realtor®
DPR Realty LLC - Gilbert, AZ
Greater Metro Phoenix Arizona

Interesting issue for the folks dealing with the crazy winter weather.  while we don't have that particular concern, it does cause one to want to review the E & O policy in any event

Jan 30, 2014 01:33 PM #9
Rainmaker
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Larry Johnston
Broker, Friends & Neighbors Real Estate and Elkhart County Subdivisions, LLC - Elkhart, IN
Broker,Friends & Neighbors Real Estate, Elkhart,IN

Hi Eric, We are so busy doing this and that, but we forget out these types of things.

Jan 31, 2014 11:56 AM #10
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Larry Johnston

Broker,Friends & Neighbors Real Estate, Elkhart,IN
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