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Old 08-24-2018, 10:52 AM
 
3 posts, read 2,953 times
Reputation: 10

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Hello,
I am a realtor, and while showing a home my foot fell through a step. Glad it was not buyers. It is looking like it is a bit worse than just a sprain. Possibly non-weight bearing for many weeks. Has anyone else been hurt at a property and how did you handle it? If I was to go to the seller/homeowner insurance I am pretty sure that would be bad for my career. But so far my life has come to a screeching halt, personally and professionally.
Any wisdom appreciated!
cat4sale
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Old 08-24-2018, 11:05 AM
 
Location: Lakewood Ranch, FL
5,662 posts, read 10,743,344 times
Reputation: 6950
I have no experience in this area but my opinion is that you are over-thinking this. Hopefully, your buyers were there as witnesses when it happened. You should pursue the seller's insurance or take them to small claims. No one will care that you went after a property owner for their liability. This is the reason property owners need liability insurance. You might ask your broker, too.
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Old 08-24-2018, 11:13 AM
 
3 posts, read 2,953 times
Reputation: 10
Thanks for quick reply. And maybe I am overthinking it. I just live in a small area and if I was to take action it would get around....sigh. If only....thx
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Old 08-24-2018, 02:53 PM
 
Location: El paso,tx
4,514 posts, read 2,523,760 times
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If the step was rotted and gave way, i would ask owners for their homeowners ins info. If i just stuck my foot somewhere wrong, i wouldnt dream of pursuing homeowners...
Dont you have health insurance?
People can still work using crutches...
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Old 08-24-2018, 03:17 PM
 
Location: on the wind
23,306 posts, read 18,837,889 times
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Quote:
Originally Posted by Spottednikes View Post
If the step was rotted and gave way, i would ask owners for their homeowners ins info. If i just stuck my foot somewhere wrong, i wouldnt dream of pursuing homeowners...
Dont you have health insurance?
People can still work using crutches...
This. The owners should still have their homeowners policy in effect, but I think I'd pursue my own health insurance first armed with an accurate prognosis before pursuing it with the owners. Your own coverage may do more for you than you know right now.
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Old 08-24-2018, 06:53 PM
 
Location: Salem, OR
15,578 posts, read 40,434,848 times
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How would I handle it?

I would go see a doctor and then use crutches to show homes. We are unfortunately in a business where if we don't work we don't get paid. I would not go after the seller in any way as part of our job is going in dubious homes. I've been in homes that have all sorts of safety problems and it is part of the job.
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Old 08-24-2018, 09:28 PM
 
Location: Rochester, WA
14,486 posts, read 12,114,400 times
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Quote:
Originally Posted by Silverfall View Post
How would I handle it?

I would go see a doctor and then use crutches to show homes. We are unfortunately in a business where if we don't work we don't get paid. I would not go after the seller in any way as part of our job is going in dubious homes. I've been in homes that have all sorts of safety problems and it is part of the job.

I agree with this. I would NOT go after the home owner.

I have been to a lot of homes with rotting decks. It is part of the job, particularly when looking at fixers and foreclosures.

I bet next time you learn to look for signs of rot before setting foot in questionable places. Live and learn. And heal.
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Old 08-25-2018, 12:24 PM
 
Location: Cary, NC
43,292 posts, read 77,115,925 times
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And..... If the gubmint policy meddlers ever accomplish moving agents to W2 from 1099, there will be workman's compensation coverage for this stuff.
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Old 09-11-2018, 09:13 PM
 
3 posts, read 2,953 times
Reputation: 10
Thanks for all the feedback. I am currently using my own insurance. My Achilles tendon is ruptured, it may be 6-9 months. Recovery is much more than crutches for a few weeks. And surgery still may be required.
Thanks again.
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Old 09-11-2018, 10:18 PM
 
Location: Phoenix, AZ
6,341 posts, read 4,905,591 times
Reputation: 17999
Quote:
Originally Posted by cat4sale View Post
Hello,
I am a realtor, and while showing a home my foot fell through a step. Glad it was not buyers. It is looking like it is a bit worse than just a sprain. Possibly non-weight bearing for many weeks. Has anyone else been hurt at a property and how did you handle it? If I was to go to the seller/homeowner insurance I am pretty sure that would be bad for my career. But so far my life has come to a screeching halt, personally and professionally.
Important question: Did you not see that the step was defective? If you didn't see that the step was defective then it's quite possible that the homeowner had no knowledge that the step was defective until you stepped through. If the homeowner had no knowledge of the defect then the homeowner was not liable for your injury. Therefore the homeowners insurance company will not pay you anything under the liability section of the policy. However, if the policy has Medical Payments coverage, it will cover your medical bills without regard to fault, you just won't get any money for loss of income or pain and suffering.


Somebody mentioned Workers Compensation insurance. You haven't said where you are but many states allow self employed individuals (sole proprietors) to opt in to the WC system and buy themselves a WC policy. Something you can check on for the future.
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