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Personal Injury While Touring an Open House: Are You Entitled to Compensation?

Posted On Wednesday, 07 October 2020 22:39

Walkthroughs, open houses and personal tours are the primary way potential buyers explore a new property, but what happens if you or a loved one are injured on the premises? When this happens, you are likely wondering who is responsible for the medical bills and if you can receive some type of compensation for your injury. Read on to learn about the general rights and limits to personal injuries from open houses and tours. You should also consult personal injury attorneys in Manhattan or your local jurisdiction to find out what your rights are and how to proceed with legal action.

Who Is Liable When You're Hurt?

The real estate agent could be held liable for a slip or fall on a property during an open house, but this depends on the circumstances surrounding the injury. The most important is whether the injury results from damages on the property that were not addressed prior to the open house; this could include a wet floor without a sign, broken floorboards or faulty stairs. In this case, when there was foreseeable injury that the real estate agent did not correct or disclose, they could possibly be held accountable for any resulting harm.

However, if there is a warning in place and the injured party does something that is outside the bounds of foreseeable action, such as sliding down a banister or jumping into a pool, then they may not be eligible for compensation for their subsequent injuries. In some cases, the owner of the home for sale could be held liable for injuries. This is particularly applicable in cases where there are accidents related to defects on the premises that the owner did not disclose to the agent prior to the open house.

How to Decide Who Is to Blame

Filing a civil suit against someone who is not responsible for an accident wastes time, money and ultimately deprives victims of rightful compensation. As the plaintiff, you may feel that the owner is responsible because they failed to make any necessary repairs or inform the agent about hazards on their property. However, you may also find the real estate agent at-fault because they did not warn you or conduct a thorough assessment of the premises to determine whether there were any potential risks to buyers.

The most important factor to consider is how your attorney can prove fault in the court. There must be sufficient evidence to a judge and/or jury that the defendant did not take appropriate measures to procure the safety of people touring the home; protection comes down to identifying immediate risks, preventing foreseeable potential injuries and fully disclosing any hazards to buyers prior to allowing them to tour the property. It's possible that a plaintiff may have to defend themselves against claims that they acted against warnings or put themselves at risk; for this reason alone, having a licensed attorney skilled in personal injury claims is crucial. They are able to build cases around sound evidence that ensure no one is wrongfully charged nor unlawfully denied legal compensation.

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