Touring properties can be an exciting time; being injured during a house tour is not. If you are injured during an open house, you might wonder what your legal options are for recovering compensation and who is responsible for your injuries.
An experienced premises liability lawyer from Dulin McQuinn Young can review your case and provide you with more information.
Duty of Care
The primary legal element that may be involved in open house tour injury claims is the duty of care. This is an essential element of establishing a premises liability claim. The duty of care refers to a person’s legal responsibilities.
Who has a duty of care in a particular situation depends on the circumstances. Contracts may also come into play that shift the liability of maintaining the property to others.
Potential Parties Responsible for Your Injuries
If you were injured during an open house, various parties could potentially be responsible for your injuries, including the following:
Property Owner
Property owners are required under Colorado law to maintain their property in a safe condition for lawful visitors. Individuals who attend an open house are invitees, even if they did not receive a direct invitation from the property owner, because they are there for the potential financial benefit of the property owner.
Property owners could potentially be liable for injuries due to dangerous conditions, such as:
- Broken steps
- Missing handrails
- Loose floor boards
- Broken tile
- Uneven flooring surfaces
- Slippery substances
- Inadequate lighting
When property owners fail to repair defects on their property or warn visitors about them, they can be liable for resulting injuries.
Property Management Company
Sometimes, property owners may have property management companies maintain their properties. The contract may specify that the management company is responsible for inspections, maintenance, and repairs. If they fail to uphold their contractual duties, they may be legally liable for injuries that occur on their watch.
Event Companies
Some open houses are more like parties than business transactions. Real estate agents may hire event planning companies to host these events. The event company may be responsible for injuries if it created the dangerous condition on the property that harmed you.
Real Estate Agent
The real estate agent showing the property may be responsible for injuries in some cases. Homeowners are often absent during open houses, so they may entrust realtors to give tours and show the property to potential buyers. The real estate agent might be responsible for such injuries if they created the hazard.
For example, they might have moved furniture or taken other action to prepare for the open house. They could also be liable for injuries involving dangers they knew about and failed to warn visitors about them.
However, Colorado case law has found that listing brokers or brokerages are not responsible for showings that occur when they are not physically present.
Additionally, the language in the seller’s contract with the listing agent may state that the brokerage is not responsible for accidents that occur on the property, which might allow the agent to escape liability.
Staging Company
Another party that could bear liability in these types of cases is the staging company, which may have moved furniture around or lent other items to use that were unsafe and caused the accident.
Contact Our Premises Liability Lawyers to Learn Your Rights
If you were injured in an accident at an open house caused by someone else’s negligence, the premises liability lawyers at Dulin McQuinn Young can explain your legal options during a free case review.
Reach out today to learn more.