What Happens When Someone Gets Hurt Looking at a House for Sale?

LAW BLOG  •

July 28, 2015

Injuries sustained while looking at a home for sale can by trying for the injured as well as for the realtor who is showing the home. A home being sold is technically no longer the responsibility of the previous owner, so if an injury occurs during an open house or a showing, it can be confusing to determine who is at fault; luckily, the answer to this is fairly simple. If a home is on the market and is in the process of being shown by a realtor, the agent or real estate company staging the showing is responsible for the residence.

Possible Causes and Types of Potential Injury

There are a few types of hazards that have the potential to cause injury in a real estate setting. Here are a few examples of potential injuries:

  • Slip and fall injury. As the name suggests, these injuries typically occur when a potential buyer slips and falls, either due to a slick or wet floor or an unseen tripping hazard.
  • Injury from the dislodgement and falling of decorations or shelves. If something were to fall from a wall, such as a painting or shelf, injury could occur to surrounding shoppers.
  • Flames , such as from candles or fireplaces. While fire may provide ambiance, if left without constant supervision, it can pose a major threat to the home and those within it.
  • Animals present inside of the home. Even the friendliest animals can be a potential risk factor when showing or viewing a home. Animals are rarely conscious of where they walk and can knock things – and people – over.

The accident prepared for is the accident avoided, so keeping in mind the various types of injury and their contributing factors is the best way to keep both sellers and buyers protected from harm.

Preventative Measures

Fortunately for sellers and buyers alike, there are many ways to ensure the home shopping process is safe for all involved. Ensure the following circumstances are met to avoid injuries:

  • Clearing the floor. Before showing a home, remove small tripping hazards, such as floor rugs or exposed cords. Moreover, walk through the house to make sure there are no leaks or wet spots that could result in a nasty slip for those viewing the home.
  • Examining the stairs. Falling on stairs is all too common and can potentially be very dangerous. That is why making sure the stairs are cleared of all debris, such as boxes, shoes, and cleaning supplies, is essential when preparing for an open house. Advise anyone looking at the home to use the handrails.
  • Securing wall art and shelving. If the home being shown has hanging art or shelving, a quick examination can determine how securely said items are fastened to the wall. Going through the house examining each item that could potentially come unattached from its spot on the wall is a good way to protect everyone in the house from harm.
  • Requiring shoes. Though homeowners often request potential buyers remove their shoes, socks and bare feet are injuries waiting to happen. Regardless of the flooring, it is a good idea to require that each person participating in the open house is wearing shoes at all times. If the floors are slippery due to recent waxing, socks can turn the area into a skating rink. In addition, if something sharp has fallen onto the floor or there is a jagged edge, the feet will be protected from harm and the realtor from liability.

The Importance of Legal Representation

If you are a realtor who has experienced an injury during the showing of a property or a homebuyer who has sustained injury, know your rights. Have an expert on your side who understands the complexities of personal injury law in Houston.

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