In a world where danger lurks everywhere, most folks think of their homes as safe havens. Well, think again.
According to the National Safety Council, of the 95,500 unintentional injuries that cost people their lives last year, 30,800–almost a third–occurred in the house. That’s only about 10,000 less than the 40,500 who were killed in traffic accidents.
Got your attention?
Well try this one: Highway fatalities declined last year, and the number of people killed on the job remained the same. But deaths caused by home accidents jumped by 9 percent, the safety council says.
Of course, more people are hurt in accidents than are killed. But the most disabling injuries–those that cause you to miss at least a day of work–strike in the home more often than on the highway and in the workplace combined.
Worse, at least for homeowners who aren’t injured themselves, these mishaps often result in costly insurance claims. Worse yet, claims sometimes turn into lawsuits. Sometimes big ones.
The total cost for home-related injuries last year: $126 billion. Which is why it’s a good idea to keep your place in good repair.
Nowadays, it doesn’t even matter whether the injured party is an uninvited door-to-door salesman or unwanted burglar.
According to the American Bar Association, the courts in most states now hold property owners to the same standard for everyone, not just lawful visitors: You have a duty to employ reasonable care in maintaining your property and to warn people of hazards.
The law doesn’t expect you to anticipate every harm that may occur, the ABA says. Or to guarantee a visitor won’t trip over his own feet or be hit by lightning. But it does expect you to exercise caution.
Consequently, you have a duty to take reasonable steps to protect people from hazards you know about–or should know about.
Unfortunately, many of us are not doing a particularly good job of meeting our responsibilities, not if what private home inspectors find is any indication.
Kathleen Kuhn, a vice president at HouseMaster, a New Jersey-based chain of 345 franchises nationwide, says her examiners see all manner of what she calls “potential liability generators” in the course of performing more than 100,000 investigations a year.
The hazards they see range from uneven sidewalks to loose carpeting, from scalding water to cracked glass in shower doors, from defective decks to diseased trees.
Except in cases considered intentional, your homeowners insurance policy covers your legal defense as well as damages resulting from accidents on your property. But in today’s litigious society, basic coverage may not be enough, especially considering the amount of many settlements.
For most policies, coverage is limited to between $100,000 and $300,000. After that, you are on your own.
But for about $150-$200 a year, says Jeanne Salvatore of the Insurance Information Institute, you can purchase a $1 million umbrella policy. For about $75, you can add another million in coverage. And the cost for every million after that is about $50.
The best insurance policy, though, is preventive maintenance. Start by hiring a home inspector to give your place the once-over. For about $150, the inspector will tell you what you can do to liability-proof your property.
Actually, many of our homes are houses of possible horror. And, as the statistics indicate, don’t think an accident won’t happen in or around your place.
Last year alone, the 7.4 million home injuries resulted in one in 40 people being disabled for a day or longer.
Years ago, when people were more civil, lawsuits were not a natural outgrowth of accidents. Normally, an owner may have been asked to cover the injured party’s medical bills. Otherwise, the incident was forgotten.
But times have changed, and now many people, even friends and neighbors, and sometimes relatives, believe they are entitled to full compensation for pain and suffering. And boy, are they ever compensated.
According to Jury Verdict Research, which maintains a nationwide database of plaintiff and defense verdicts and settlements resulting from personal injury claims, the average award in 1996 was $727,660. But 15 percent were above that amount, with one reaching $200 million.
For back strains, the most common injury, the average payout was $37,344. But for more severe spinal nerve injuries, the average was $389,543. And for a death, the average was $3.2 million.
With these sobering statistics as a backdrop, here, gathered from a number of sources, is a list of the most common potential hazards, starting from the outside and working in. Many are easy to overlook. But they’re also easy to fix:
– Trees
Insurers generally agree you are not liable if a healthy tree is blown down and causes damage to a neighbor’s property, a car parked in the street, or someone who just happens to be walking by. But it’s another thing if the tree in question was diseased or otherwise weakened. Then, says Jeanne Salvatore of the Insurance Information Institute, you could be considered to have been negligent and can be held liable.
The obvious solution here is to trim your trees and remove dead branches. And if that prized front lawn Elm is on its last legs, put it out of its misery, even if you’ve become attached to it. Don’t wait for it to keel over by itself.
– Sidewalks and Drives
Paved surfaces often buckle, develop potholes or crack. Sometimes the cement or macadam simply deteriorates. In other instances, roots from trees planted years ago push one panel or section higher than another, making the surface uneven. Either way, though, the result can be the same: Someone trips.
People also slip on leaves and debris, so clear your walks and drives as soon as possible after a storm. In some places, the law actually requires you to act within a certain period.
– Steps and Handrails
Broken or uneven steps and loose or missing handrails are invitations to disaster. When covered with ice or snow, they can become lethal. Yet, HouseMaster’s Kuhn says most people don’t make repairs until it’s too late.
– Decks
Anchored improperly, decks can pull away from the house and collapse. But the more likely danger is that someone will trip over a warped floorboard. And even treated lumber warps. Also watch out for rot, especially in non-treated wood, which can deteriorate very rapidly. If a rotten railing gives way, well, chalk up another statistic.
– Buckets
Large buckets, the kind we use to wash our cars or collect rainfall, and young children are a deadly combination. An estimated 50 tykes drown every year in 5-gallon buckets, many less than half full, according to the Consumer Product Safety Commission.
Of all buckets, the 5-gallon size presents the greatest hazard, the CPSC warns. At 14 inches high, it is about half the height of a young child. That, combined with its stability, makes it all but impossible for top-heavy infants and toddlers to free themselves, when they fall in head-first. So put them away immediately after you are finished with them.
Also put away your gardening tools, hoses, ladders and other lawn care equipment. Don’t leave them around for some inquisitive youngster to play with or an adult to trip over.
– Hazardous Materials
Keep flammable and volatile liquids capped and out of the reach of little ones. If not tightly closed, vapors that may be toxic when inhaled may escape. Also keep them away from ignition sources. The CPSC has documented several cases where gas stored as far as 10 feet from a water heater exploded.
– Pools
The dangers of swimming pools have been well documented, but are worth repeating: Nearly 1,100 people drowned at home in 1997, the safety council says. And not just in big pools but also wading pools and even coolers.
In most places, the law is very clear about pools. To keep children and unwanted visitors out, they must be completely enclosed with self-locking, self-closing gates with latches that are beyond the reach of children. Some jurisdictions outlaw diving boards, so check with your local authorities.
Most problems with pools aren’t with intruders, though. They’re with guests who don’t see the risk. Slides, swings, ropes, even covers all have liability built into them.
– Garage doors
If you don’t have an electric opener, get one; it will prevent the door from slamming shut unintentionally. If you have an old opener, replace it with one with an electronic eye that prevents the door from closing if an object or small child is beneath it. So many kids have been hurt in this way that all new openers are required by law to come with this safety feature.
– Water Heaters
You might like it hot. But guests who are not used to 140-degree water can easily be burned. Turn the temperature down to 110-120. And while you’re at it, install an anti-scald device on your faucets, especially the tub.
– Other Appliances
For some reason, children are attracted to refrigerators, freezers, clothes dryers and washers. They make great hiding places. But if a kid can’t get out, they become death traps. Install safety locks, especially on appliances that are located in the garage or storage area.
– Carpet
Rumpled or tattered carpeting can cause someone to trip and is particularly dangerous on steps. And rugs, runners and mats that are not held in place by double-faced carpet tape or a rubber backing can easily slide. Check periodically to see if the backing needs to be replaced. Over time, adhesive on tape can wear out, and slip-resistant backing becomes less effective with each washing.
– Electrical Cords
If you have extension cords running hither and yon, you are inviting an accident and a lawsuit even if the wires run under the carpet. Extension, lamp and phone cords should be placed out of the flow of traffic. Place them on the floor against a wall or baseboard. And secure them with tape, not nails or staples, which can damage cords and cause electrical shocks or even a fire.
– Banisters and Hand Rails
HouseMaster inspectors often find them loose or missing altogether. If they are loose, tighten them; if they’re gone, replace them. They’re required by law.
Contractors who you may hire to perform needed maintenance and repairs usually carry their own insurance to protect themselves and their employees should they be hurt while working on your property. But don’t take their word for it; ask to see the policy and call the carrier to make sure it is current. If it’s not, you could be liable.
If you hire someone like a nanny or neighborhood kid to cut your lawn on a regular basis, you may be required to purchase workers’ compensation insurance. Call your insurance agent or state insurance office for the rules in your area.
