Tenant has fallen down the stairs and sustained injuries?

Hi Andrew,

Can I assume from your concern that you do not have Landlords insurance with indemnity for accidents etc?

Reply to the comment left by Neil Patterson at 05/07/2022 - 12:29
Hi Neil,

I do have a policy that covers my portfolio.

Just never been in this situation as common sense says it isn`t my fault but you never know what peoples intentions are in these incidents.

I just want to ensure I cover everything to protect my investments and myself going forward

I would just respond with a sympathetic acknowledgement and best wishes for a fast recovery. Don't even suggest responsibility or discuss insurance etc.

Reply to the comment left by Andy at 05/07/2022 - 12:36
Andy
Just notify your insurers, through your broker if you have one. Pass on your tenant's message and say that you have not received a claim and do not know if one will be made.

Unless the fall was due to a defect in the house, you should be in the clear but it is as well to alert insurers. Unless a claim is made it should not affect your premium.

It may be that your tenant anticipates being off work and that may affect his ability to pay next month's rent.

I would also message your tenant back to say you are sorry to hear about the accident and that you wish them a speedy receovery.

Reply to the comment left by Ian Narbeth at 05/07/2022 - 15:37
If you notify the insurer it will log a claim even if you don't make one, I'd just acknowledge and wish them a speedy recovery.

Who knows what contributed to his fall, any undiagnosed medical condition, like a sudden loss of balance due to low blood pressure, being drunk or under the influence of drugs or alcohol, so why did he not go to an A&E, he would have been diagnosed what his condition was at the time, so if he doesn't drink, or consume alcohol, can there be many other reasons too such as uneven surfaces, which are unlikely, missing hand rails, size of steps etc can all possibly contribute to a fall, I would have thought that if steps are of wrong size then how was that building construction signed off when it was build by Council's Building Inspectors.

So yes it does seem something is going to brew up, wait and see, might be an excuse he cannot pay rent as he is being confined to bed rest, or may be much worst, have you seen his bruises, are there any witnesses, etc etc. if you do go and see him which as you said you are doing some work on G/F room, keep your phone recording on all the time, make sure you have enough memory in your phone, all the while you are near him, or when discussing his fall with others.

Reply to the comment left by Harlequin Garden at 06/07/2022 - 11:38
Bad advice. Standard policy conditions require you to report any incident whether or not a claim is expected and failure to do so could result in insurers refusing indemnity if a claim is made some time later.

I've had tenants fall in houses, down stairs, be in Coma's, permanent brain damage, only 2 months ago, gal fell outside going down the steps from the house, broke her elbow.
I'm not brushing this off at all, but I've never heard a bean. But that's not to say in 2022 it's gonna' happen. Only last week I kid u not, I had a solicitor ambulance chasing firm ring ME on my tenants line (2 numbers 1 phone) saying have I suffered any damp, disrepair, Landlord not doing stuff etc. So these solicitors are active.

I did read years ago, it's very hard to prove liability when tenant in their own home for 6 months that' you've not been in, they could have done anything in that time. Now hopefully Ian Narbeth may correct me in 2022 where we stand in these ever increasing Landlord is at fault times.

Reply to the comment left by Harlequin Garden at 06/07/2022 - 11:38I don't think that is right. With insurance contracts there is a duty to act with utmost good faith. In addition the insurers' T's and C's may impose a duty to notify (even if a claim is not made).
This is a mistake many people make. If they have, say, a minor prang in their car they may say: "I'll pay to fix this myself as I don't want to claim on the insurance and find my premium goes up next year."
If insurers subsequently discover this, they may avoid liability on a claim because the insured did not act with utmost good faith and did not notify a material matter (the prang) to them on renewal.
Insurers will log that you notified them but if a claim is not made, it's not a claim.

Actually is there any proof or evidence that he fell on your stairs and not suffered injuries elsewhere and putting it on stairs, anyone at home who helped him, broken ribs, how does he know? Did he get to A&E and had Xrays done? Did an ambulance took him to A&E, or did he call a cab, telephone call log, all can help determine how far it is truth. he said this happened at a certain time, so telephone call logs would help, and GPS location.