Front porch of house we rent collapsed - what to do?

[Wolf_Stache]

Here is the situation: We are currently on vacation in Los Angeles, CA (I'm flying home today to deal with this) and the house we rent is in Seattle, WA

A friend was staying at our house for the sole purpose of watching our animals while we were away (she does not live there). Last night she and another friend were standing on the front porch of the house, when the entire thing collapsed underneath of them.

The pet-sitting friend is unhurt but other friend broke her arm.

The way the house is laid out, the front porch and front door are about 10 feet above the ground. The entire front porch and stairs were rebuilt after it collapsed last summer (totally rotten through - no one was on it at the time).

What recourse do we have on getting friend's medical expenses covered? Would it be covered by renter's insurance, or is this something that we need to talk to the landlord about getting covered under a homeowner's insurance policy?

Update: Finally heard back from pet-sitting friend. Other friend didn't break her arm, its worse. She completely torn up the tendon and ligaments on one arm. From what I understand she is going to have to have major surgery to repair it.

[huadpe]

It will depend on why the porch collapsed.  If it was due to a construction defect, termites, wear, or something else that was not your or the sitter's fault, then it should go through the landlord's insurance, and the landlord would have to personally bear any deductible.

If it was due to something that was your or the sitter's fault, then it should go through your renters policy, as you would be the one who is liable, and you would have to bear any costs not covered (i.e. deductible).

If there's disagreement about fault, then it's likely the insurance companies will put the matter through arbitration to decide who pays.

[Wolf_Stache]

It will depend on why the porch collapsed.  If it was due to a construction defect, termites, wear, or something else that was not your or the sitter's fault, then it should go through the landlord's insurance, and the landlord would have to personally bear any deductible.

If it was due to something that was your or the sitter's fault, then it should go through your renters policy, as you would be the one who is liable, and you would have to bear any costs not covered (i.e. deductible).

If there's disagreement about fault, then it's likely the insurance companies will put the matter through arbitration to decide who pays.

How would the collapse be sitter's fault?

[smalllife]

It will depend on why the porch collapsed.  If it was due to a construction defect, termites, wear, or something else that was not your or the sitter's fault, then it should go through the landlord's insurance, and the landlord would have to personally bear any deductible.

If it was due to something that was your or the sitter's fault, then it should go through your renters policy, as you would be the one who is liable, and you would have to bear any costs not covered (i.e. deductible).

If there's disagreement about fault, then it's likely the insurance companies will put the matter through arbitration to decide who pays.

How would the collapse be sitter's fault?

Doing something stupid on the roof (excess weight - throwing a party they didn't tell you about for example, you compromised the integrity of the porch somehow) is the mostly likely scenario where it would lie on you/the sitter.   If it was just a shoddy construction job then it would be on the landlord.

[Eric]

On the plus side, maybe this incident will be just what your landlord needs to get his butt in gear and fix the numerous issues plaguing your rental.

[Greg]

Oooh, sorry to hear. 

Obviously the person who fixed the porch didn't do it correctly.  It's likely entirely the owner's liability.  You could ask about a claim on your renter's insurance and even if you're covered (which I doubt) they will go after the owner to recoup any costs.  This could become a big legal mess so proceed with care.  Got any lawyer friends?

If it were me I'd contact the owner, explain the incident, and ask for their insurance info.  If they refuse you may have reason to report the problem to the City building dept., but this would not make you popular with your landlord, and could result in many other problems even eviction/condemning happening.

Porch failures were a hot topic a few years ago because of some high-profile deck failures, including some fatalities.  The usual culprit was poor deck-to-house connections and poor code enforcement.

[Wolf_Stache]

Haven't heard back from the landlord yet. I've left a few messages, so hopefully they get back to me soon.

Thanks for the tip about the lawyer. I'll see what I can do there when I get back.

[Greg]

There's some helpful info here:

http://www.tenantsunion.org/en/rights/faq/repairs

[StarryC]

If you have renters insurance, you should call and explain it to them. You probably have at least $500 and possibly $5,000 of no fault "med pay" benefits that can be used right away to help the guest.  Also, you should give them your landlord's info, and the info about the prior repair etc.  Dealing with this kind of thing is what you pay them for. They will call the guest, the house sitter, the landlord and try to get more information.  If they think it isn't your fault, they will try to get other insurance to pay. 

It probably will become a legal mess.  Nothing you can do can prevent this.  Be sure you are honest, and don't have to change your story later.  That gets people in trouble. 

It seems pretty obvious this is not your fault. However, it is going to be your hassle.  That's not fair, but it is true.

[Cassie]

The homeowner's insurance will cover this and unless he is a total jerk I do not think this will be a hassle. I have owned rentals in the past and sometimes stuff just happens.