Your Legal Liability
You may be held liable for slips, trips and falls if you don’t provide a reasonable standard of care in keeping your property free from hazards. If you are hosting a yard or garage sale, consider what you can do to prevent the potential for harm.
As a tenant, liability may be shared with your landlord. Who is held liable depends on the circumstances of the loss. The following criteria are considered:
- Was the danger foreseeable?
- Was the homeowner’s conduct in accordance with acceptable standards of practice?
- Did the danger exist for an unreasonable amount of time?
- How easily could the danger have been prevented?
The best way to avoid liability is to prevent losses from occurring in the first place. Be diligent in keeping your property free of hazards. Regular maintenance is one of the most effective ways to defend yourself against a claim or lawsuit should one occur.
In the case of a shared space when you are a tenant, ensure your lease agreement clearly states your responsibilities.