Who is liable if someone falls outside the building I run my business in?

Question

If I have a business, but rent the building my business is in, and someone falls outside, who is liable if they file suit?  Me as the business owner, or the person that owns the building and property?

Jami S. Oliver · Answer

The question depends upon who has ownership and control over the property. Which party (owner or renter) is responsible for upkeep on the sidewalk?  Is there a rental agreement in place that specifies who has control over the sidewalk and the outside of the building?  Usually the answer is the owner of the building, but not always.

Donald Broad · Answer

It depends upon what the terms of your lease are.  Generally, landowners are responsible for any defects on their own property, but landlords often pass that responsibility to their business tenants in the terms of the lease.  Also, if the fall occurred on a public sidewalk in a city or town, it is possible that the city or town could have some liability as well.  You should consult a local attorney to have them review your commercial lease and should also review the facts of this incident with your Commercial General Liability Insurance agent.

Stephen Lombardi · Answer

The answer to that question can change depending on the lease agreement. It   can be either the landlord or the tenant; who according to the lease  assumed  responsibility for the sidewalk? That is one place to start looking for  the  answer. The next step is to say, who's duty was it to maintain the  building?  Normally that falls on the landlord.

David Stoddard · Answer

If there is no dangerous condition, no one would be liable.  If there is a dangerous condition that causes the fall, whoever was in a position to prevent the dangerous condition would be liable.  For example, if the Landlord is responsible for repairs, and a guard rail is loose, the landlord might be liable.  If you leave a slippery substance on the ground, you might be liable.  As a practical matter, if someone falls and is hurt, the person will likely sue both of you and let the two of you blame each other.  You can purchase business liability insurance to protect yourself.

Andrew Velonis · Answer

Liability starts with the property owner but, your lease may give you control over that area, and with it, responsibility for maintenance.  So, it depends what your lease says.

Jared Altman · Answer

Possibly both. It depends on how the fall occurred and who caused the problem. If there was no problem, then no one is liable.

Steven Fink · Answer

Hard to say without knowing why they fell.  There may be no liability for you or the owner if accident not caused by condition of property. In addition, there may be language in lease dealing with who is responsible for maintenance of area where injured person fell?  You and owner might both be liable.  You must report claim to your insurance carrier and let them sort it out.

Thomas Bulman · Answer

Maybe both of you.  Depends on your lease.  Typically, the lessee(you) agrees to be responsible for snow removal, ice, etc.  If it is a hole in the sidewalk you, the owner, and the city may share responsibility.   If you are sued, immediately turn it over to your premises liability insurance company.

Josh Lamborn · Answer

As a plaintiff's attorney I would probably sue you both and let a jury sort out who is liable.  Maybe neither of you are.  It depends on why the plaintiff fell and whether the fall was caused by a condition on the property caused by you or the owner.

Paul Whitfield · Answer

Lawsuits are based on fault. Did this person fall because you did something or failed to do something? If so you are at fault. If the owner of the property failed to do something he should have, he would also be at fault. Always fault. Not just happen stance.

Kenneth Wincorn · Answer

It depends on who maintains the premises. Call your insurance company to see if you have coverage.

Steven A. Schwartz · Answer

The simple answer is that the injured party could sue both of you. However, ultimately the responsible party will be the one who is in charge of maintaining the area where the person fell.  In addition, the injured plaintiff must be successful showing there was a defect or hazard in that area (through the wrongdoing or negligence of the entity in charge) which caused his/her fall.

Gary Moore · Answer

You need to read your lease. Your lease may require you to maintain the outside of the building , including the sidewalk and parking lot. It may also require to carry a certain amount of liability insurance coverage. Additionally, if you exercise control over the outside of your buidling as part of your leasing agreement you will be sued, along with the landlord.

Russell Gray · Answer

The answer would depend on what kind of business you run, whether the  premises is open to the public, and who has control over the area where  the slip and fall occurs. If the area is under your control, most likely  you would be liable for it. Most business lease agreements require the  tenant to acquire liability insurance, and many require the tenant to  assume liability. You should check your lease to see if this applies to you.

David Craig · Answer

Could be both you and the owner of the building.  It depends.  If there is a written lease it is not unusual for that to be dealt with in the lease.  The issue will be what caused the injury.  Who was at fault.  If the person is hurt as a result of poor maintenance then the issue will be who has the responsibility to do the maintenance.  No one is automatically responsible just because someone gets hurt on or outside of your property.  But if there is a dangerous condition and you do nothing about it then you may be responsible even if it is the owners ultimate responsibility.  As part of your lease there should also be a requirement for you or the owner to carry insurance.  If you do not have insurance then you better check to be sure you are a named insured on the owner's policy.

Bernard Huff · Answer

Either one or both may be liable. It depends on whose negligence caused the accident. Do you and your business renter carry property liability insurance? If not, perhaps you may want to obtain it as well as include it as a required provision in your lease agreement with your renter.

Steven Shaw · Answer

Read your lease.  Typically when you lease property, the least contains some provision taking responsibility for defects which you timely report to the landlord.  For example, if the sidewalk becomes damaged due to normal wear and tear and you timely report that defect to the landlord, he is responsible.  If the damage was caused by you, or you know about it and fail to report it, you may be responsible.  That responsibility, however, can be completely transferred to either party by way of the lease language.

Houston D. Smith III · Answer

Both the owner and occupier of land are responsible for keeping the premises and approaches safe.  Why did the person fall?  If the person simply tripped over their own feet then you are not liable.  If the person tripped over a tripping hazard on the walkway, you may be liable to some degree.

David Carlile · Answer

Potentially both you and the renter.  You should require the renter to maintain liability insurance.  If an accident occurs the renter's insurance would have to pay first before your insurance.  Also, if an accident occurs because of the negligence of the renter then it will be fairly difficult to also hold you liable.

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