Liability Protection Text In Lease?
Issue: Disabled tenant (walks with crutches and has a leg brace) has been a good tenant for a long time. No problems. And the tenant was disabled when the original lease was signed over 5 years ago, so the tenant knew and accepted that the home had stairs and had no "disabled accessible" retro-fits, and continued to sign yearly leases.
Recently, owner discovers that the tenant had fallen in the local grocery store, resulting in medical issues, and the owner begins to think... Is there something in my lease that protects me should the tenant fall on my property and have resulting medical issues? ("Think" is not the correct word. "Panic" is more like it.)
Could you suggest some protective lease terminology along the lines of, "Lessee shall indemnify and hold Lessor harmless from any and all liability, loss, cost, damage or expense arising out of..." etc.?
All insurance is in order and the property is well covered, but the risk still seems tremendous. Any lease text or other advice would be welcome.
Thanks in advance!
MC
[addsig]
Generally speaking, you would only be liable if a condition on your property was the cause of the fall. For example a broken step on a stairwell that you knew about caused it. If a tenant is a clutz and falls down the stairs, you had no part in causing it and could not have reasonably prevented it, so you are not liable.