For many of us, summer is a time to relax the schedule a little. The kids are out of school, the sun shines a little longer in the evenings, and it is a great time for family and friends to get together for summer dinners on the patio, pool parties, and more. When a group gets together though—and especially with children or elders—there is always the chance for an accident. And if alcohol is involved, those chances are magnified. So, whether you are renting a home year-round or for vacation, what happens in terms of premises liability when someone sustains an injury?
Homeowners Can Be Liable due to Negligence
There must be substance behind an injury case—and for the owner or tenant to be responsible for a guest’s injury or accident when on their premises, there must be evidence of negligence. Although the parties involved may want to look to the homeowner for liability, there would have to be signs that they did not perform necessary maintenance or take precautions where necessary in terms of the home and the property included with it.
Special Care Should Be Taken to Maintain Pool, Sidewalk, and Step Areas
The swimming pool is a common area of hazard, and if there are not measures taken to provide security and as much safety around the area as possible, the homeowner could be liable. Sidewalk areas and steps around the premises are also common sites for injuries to occur. This could apply to materials that have disintegrated and caused hazard, as well as issues with weather that cause the areas to become uncommonly slippery. Interior steps and staircases can cause issue also if they are not properly cared for. This is an area of concern for any homeowner as a fall down a flight of stairs—whether inside or out—can be extremely dangerous to anyone.
The Pet Owner is Usually Liable for a Dog Bite
Dogs bites are another issue that come up often regarding home liability cases, and can be quite serious—especially when small children are involved. Pet owners are often not aware of different scenarios that may cause even the friendliest dogs to lash out, and while some dogs may be known to be aggressive, many attacks are a complete (and very distressing) surprise to everyone involved. Millions are bitten by dogs in the US every year, and all too often these attacks could have been prevented. If a guest is bitten by a dog in a home that you own but are renting out to someone, most likely the owner of the pet is responsible—unless you knew the animal was vicious and posed a threat.
Be Sure the Home is Properly Maintained and Safe for Guests
If you own a rental home or are a tenant, your best bet is to make sure everything is properly maintained, report any repairs that need to be made immediately, and use common sense when having guests over—limiting use of alcohol, putting away pets who may feel threatened, and making sure people are not walking in areas that are prone to being slippery or hazardous. If you have a pool, have clear rules established regarding safety.
Contact Us for Help
Do you need help with a real estate legal issue? Call Shane Coons now at 949-333-0900 or email us at Shane.Coons@seclawoffices.com. We can review your case, answer your questions, and help you decide how to move forward. We are here to help!