Who is Liable If A Client Gets Injured During Open House?

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Open house offers multiple benefits for both sellers and buyers. For instance, sellers can increase the visibility of their homes and possibly reduce their time on the market. As for buyers, they’re free to explore a property at their own pace without the stress and pressure of a rushed single viewing.

Now, how exactly does an open house work? An open house is a free public event organized by a listing agent or the property owner. It usually lasts one to three hours; any potential buyer can swing by the home and look around at their leisure.

Like all public functions, an open house is also susceptible to mishaps and difficulties, given its informality and lack of rigid rules. In such unfortunate cases, it’s important to determine which parties are legally responsible. Who’ll be liable if a buyer gets injured during an open house?

Determining Legal Liability

Liability is a legal responsibility imposed on a person to compensate for another’s financial loss. For instance, if a business or individual fails to meet certain obligations and their negligence causes harm to another, they can be found legally liable. 

The court processes may hold the party responsible for compensating the plaintiff for bodily injury, property damage, lost wages, and other claims. Lawsuits are often expensive and time-consuming, which may negatively affect the defendant’s reputation.

To prevent major losses, many business owners and companies purchase liability insurance as a separate policy or as part of a comprehensive insurance policy package. This coverage protects them from liability for compensatory damages caused by their actions or inaction.

As mentioned earlier, in the case of an injury sustained during an open house, who’ll be deemed legally liable? Let’s discuss the potential liability of each party involved.

Real estate broker

If the real estate agent or broker fails to warn prospective homebuyers about dangerous areas or hazardous conditions in a property, they can be held liable for any injuries the victim suffers.

The real estate agent can be liable for any damages sustained at the open house if they accidentally created the hazard while preparing the home for a viewing, such as:

• Adding furniture
• Washing the floor and leaving it damp
• Getting a faulty lighting fixture installed

Homeowner or occupier

If you’re a homeowner, you may be aware that you’re responsible for maintaining the safety of your property. It means that if there are any foreseeable hazards on your property, you must remove or repair them in a reasonable amount of time. If you fail, victims may impose legal liability on you. 

You’ll also be considered accountable for any damages or injuries sustained by a victim if you fail to advise the real estate agent or clients of these unsafe conditions. In these instances, the injured party can file a claim against the homeowner’s insurance coverage.

Guests or buyers

If you’re hosting an open house, whether you’re the homeowner or real estate agent, an important thing to remember is that you must ensure that the premises are safe and secure. Hence, if a guest is injured during an open house, they may be eligible to file claims against the responsible party for expenses like medical bills and lost income, whether or not you formally invited them.

You should also note that guests must behave carefully, safely, and prudently while exploring another person’s property. It’s where contributory negligence comes in. Claimants may be held partially accountable for contributing to the injuries they sustained.

For guests, if you’re injured in a house you’re buying, it’s important to know the factors that can support an individual’s contributory negligence. 

These include whether you:

• Encountered difficulty traversing a specific part of the home yet continued to explore
• Failed to look out reasonably for your own safety or watch where you were going
• Received and disregarded warnings from the seller or broker
• Were distracted due to electronics
• Were in a rush or running recklessly to get somewhere
• Suffered a previous health condition that contributed to your injury

Ways to Protect Yourself from Legal Liability

Here are a few precautions to safeguard yourself from legal liability, whether you’re a property seller, broker, or buyer.

Homeowners 

• Do a presale home inspection

Make sure to hire a professional to conduct a presale home inspection before you sell a home. You can save money by inspecting the property yourself, but you’re not trained or experienced in detecting potential dangers and unsafe conditions. 

As a result, it’s recommended to delegate the task to a qualified home inspector who can advise you on what steps to take to remove the hazards as soon as possible.

To collect insurance, homeowners must also do regular inspections on their homes. Accordingly, trip and fall hazards are extremely common. Staircases, for example, are frequent areas where people can trip or fall. 

Other safety hazards can often go unnoticed and disregarded as well: unstable decor or wall art, damaged furniture, fireplace flame, pets, wet floors, shifting rugs, objects lined up along the staircase, holes or cracks in the floors and walls, sudden elevation (like a step up), and missing handrails.

• Alert invitees of potential dangers

Put up a sign at the front door that lists all the measures guests should follow before they come in for a tour. In this manner, the guest will have no excuse if they’re hurt. If you post a notice, you can state in an affidavit that you’ve fulfilled your obligation and aren’t accountable for the foreseeable threat.

• Inspect the lighting

Because you’re opening your home, you must ensure all spaces are bright enough for people to move around safely. While the attic and basement are dark regions, remember to turn on the lights throughout the day. Turn on all the lights at night so the guests can see clearly.

• Thoroughly read the real estate listing agreement

The real estate contract is a legal document and must be read carefully. The homeowner often overlooks the need to read and sign it. You’ll comprehend all of your responsibilities if you review the agreement. You can also request an addition from your agent if you believe the liability provision is unfair.

• Leave a door open

If your guests complain about how hot and stuffy the house is, there’s a simple solution: open the front or back door. It discourages visitors from taking the initiative to open the windows. Stooping down to look below makes it simple to trip over the glass. So, during an open house, all windows should be kept closed.

Real estate agents

• Recommend a home inspection

If you’re a broker representing a seller, recommend a thorough, professional home inspection. Then, discuss the findings in detail with the property owner so you can address any issues promptly and reasonably. You can also create a safety plan to mitigate risks effectively.

• Provide safety instructions

To ensure the safety of all guests and attendees, it’s crucial to require them to sign off on a list of hazards and risks. To do this, you can ask them to confirm that you adequately warned them and that they’ll follow your instructions on avoiding safety threats. Moreover, if applicable, advise them to monitor accompanying children closely. 

Potential buyers

• Be cautious of your surroundings

Always pay attention to your surroundings. Remember not to rush through unfamiliar spots, always watch where you’re going, avoid areas with low visibility, and don’t use electronic devices while looking around the property. Stay alert and heed all warnings from the salesperson or the homeowner.

• Ask for assistance when necessary

If you encounter any issues, seek the assistance of the real estate agent or seller. If you have difficulty accessing specific areas, don’t try traversing them alone. Don’t force locked doors open, or try operating appliances and electric fixtures yourself.

What to Do If a Guest is Injured during an Open House

While it’s essential to identify and remove risks, you can’t eliminate the likelihood of an accident. If a guest gets injured during your open house, here are the vital steps you need to take:

• Contact emergency services

Ensure the injured guest receives the necessary medical attention immediately. Keep a list of emergency contacts so you can act quickly.

• Document the incident

Document the event and the injury with as much detail as soon as possible. Take photographs of the incident’s scene and ask for the contact information of any witnesses.

• Contact an attorney

Consult a personal injury lawyer right away. Provide them with all the important details and documentation. Be sure not to withhold any information.

• Notify the proper parties

Make sure all involved parties are informed immediately. Keep your lines open, but always get legal advice before initiating any formal communication with the other parties.

Insurance Considerations

You must ensure that your home or commercial property insurance includes adequate liability coverage. If you’re sued and lose the litigation, you can use your liability insurance to pay for medical and other expenses.

The Takeaway

If you’re hosting an open house, it’s important to take proper precautions to keep your guests safe. Guests are expected to conduct themselves with care as well so that they don’t contribute to anyone else’s misfortune of suffering an injury.