If a real estate agent is injured while showing a house or property, property owners or managers may be liable. It can be exciting putting a home or another property up for sale, but it’s important to make sure that it’s safe for occupants throughout a showing. If real estate agents or other parties are injured during a showing, it may be possible for those parties to seek compensation if negligence caused those injuries.
When Homeowners May Be Liable for Injuries
If a real estate agent sustains injuries while showing a home, the homeowner may be liable if there was a hazard present that the homeowner failed to warn people about or remove. If the homeowner was aware of the danger and didn’t take the necessary steps to mitigate it, and an agent is injured because of the danger, victims may be able to file an injury claim against the homeowner’s insurance policy.
In one premises liability case that took place in Monmouth County, New Jersey, a real estate agent sustained injuries during a showing from a 20-lb light that fell from pull-down stairs leading to an attic. The injuries included a chin and lip laceration, fractured fingers, dental injuries, and psychological distress in the form of post-traumatic stress disorder (PTSD). The real estate agent required 60 sutures to treat her injuries, with permanent facial scarring resulting from the accident.
The plaintiff, in that case, claimed that the homeowner was responsible for keeping the light on the attic stairs and failed to remove it or warn her of any potential danger. Eventually, the case settled out of court before going to trial.
When the Real Estate Agent May Be Responsible
If a real estate agent or broker was aware of dangerous conditions or hazards on the property and neglected to remove them or provide a warning, the agent or broker may be deemed liable for any injuries to potential buyers resulting from an accident.
In some cases, real estate agents may inadvertently create a hazardous environment by setting the home up for a showing. For instance, an agent may add decorative touches to the home such as adding new furniture, lighting candles to create ambiance while presenting a fire hazard, or cleaning the floor without sufficiently drying it.
When preparing for a real estate sale, homeowners and real estate agents need to make sure dangers are removed prior to showing the home. Ensuring that hallways and rooms are properly illuminated, removing potentially dangerous items, properly securing rugs, and clearing paths of any obstructions that might lead to slip and fall accidents can help secure the home. In the process, homeowners, real estate agents, and potential buyers can remain safe during showings.
