Landlords are legally responsible for maintaining safe properties. When a staircase collapses, a deck gives out, or a railing fails — and someone gets hurt — it can lead to a costly personal injury claim.
Landlord liability insurance helps protect property owners from legal and financial consequences by covering attorney fees, court costs, and potential settlements related to structural failure injuries.
Key Points
- Landlords are liable when property defects cause injuries to tenants or visitors
- Structural failures can include broken stairs, collapsing decks, or loose handrails
- Lawsuits may claim negligence in maintaining the premises
- Landlord liability insurance helps pay for legal defense and damages
What Is Structural Failure in a Rental Property?
Structural failure refers to the sudden collapse or malfunction of a key part of a building — such as stairs, balconies, porches, or railings — due to poor maintenance, age, or improper construction. Common examples include:
- Staircase or step collapse
- Loose or rotting deck boards
- Railing that gives way under pressure
- Ceiling or floor failures
If a tenant, guest, or contractor is injured due to these types of failures, they may sue the landlord for medical bills, pain and suffering, or lost wages.
Premises Liability: Why Landlords Are at Risk
Under premises liability laws, landlords have a legal duty to maintain safe living conditions. If a court finds that an injury resulted from the landlord’s negligence — such as ignoring repairs or building code violations — they may be held financially responsible.
Even when a landlord wasn’t aware of the issue, they may still face lawsuits that require a legal defense.
How Landlord Liability Insurance Helps
A typical landlord insurance policy includes liability coverage to protect against personal injury and property damage claims. When a tenant or visitor is hurt due to a structural issue, your policy may cover:
- Legal defense costs
- Attorney and court fees
- Settlements or court-awarded damages
- Medical payments for the injured party (in some cases)
Without this protection, you could be responsible for thousands — or more — out of pocket.
Real-World Examples
- A tenant falls down defective stairs with no handrail and breaks an ankle.
- A second-story balcony collapses during a barbecue, injuring guests.
- A loose porch railing gives way, causing a delivery driver to fall.
These situations can result in six-figure lawsuits if a landlord is found negligent.
How to Prevent Structural Injury Claims
Insurance is essential, but prevention starts with regular property maintenance and documentation. Here’s what responsible landlords should do:
Conduct Regular Property Inspections
- Inspect decks, stairs, handrails, and porches at least twice a year
- Look for signs of rot, rust, loose fittings, or instability
- Respond quickly to tenant repair requests
Stay Code-Compliant
- Follow local building codes for stair width, railing height, and load-bearing materials
- Hire licensed professionals for repairs or upgrades
Keep Written Records
- Document maintenance, inspections, and repairs
- Save copies of contractor invoices and work orders
Read more: Landlord Liability Insurance Coverage for Slip-and-Fall Injuries
Final Thoughts
Structural failures can turn into serious liability events if someone is hurt due to unsafe conditions. Even a small defect can lead to big legal consequences.
By carrying landlord liability insurance, you ensure that legal costs and potential damages are covered — protecting both your finances and your reputation.
Steadily offers comprehensive landlord insurance coverage. Get a quote today.
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