Are Tenants Liable for Guest Injuries in New Brunswick?

Inviting friends or family to your rental is part of enjoying your home. But what happens if a guest is injured while visiting you in your New Brunswick rental? As a tenant, it’s important to understand when you could be held responsible for injuries to your guests—and how you can protect yourself both legally and financially.

Tenant Liability for Guest Injuries: What You Need to Know

In New Brunswick, tenants have a legal responsibility to keep their units in a reasonably safe condition. If a guest is hurt due to something you did or failed to do—such as leaving a hazard unaddressed in your rental—you could be liable for their injuries. Liability typically arises when:

• A tenant’s actions or neglect directly cause an injury (for example, failing to clean up a spill or secure loose carpeting).
• The injury is not the landlord's responsibility (for example, your personal belongings or activities caused the hazard).
• The hazard was not part of the building's structure or maintenance, which is usually the landlord’s duty.

If the injury results from a problem with the property itself (like a broken step or unsafe railing), this is generally the landlord's responsibility to repair. For these categories of responsibility, see the Obligations of Landlords and Tenants: Rights and Responsibilities Explained page.

Your Legal Duties as a Tenant

Tenants must follow reasonable health and safety standards inside their rentals. Key obligations include:

• Keeping the rental unit clean and safe for guests.
• Not creating hazards with furniture, cords, or personal items.
• Reporting major safety issues or needed repairs to the landlord promptly.

More information about these standards and practical tips can be found on Health and Safety Issues Every Tenant Should Know When Renting.

Understanding Tenant Insurance and Liability Coverage

Tenant (renter’s) insurance is not required by law in New Brunswick, but it’s highly recommended. The liability portion of a tenant insurance policy may cover medical and legal costs if a guest is injured inside your rental due to your negligence. Policies and coverage levels vary, so check your insurance details or speak with a licensed broker.

Steps If a Guest Is Injured in Your Rental

If an accident occurs, here’s what you should do:

• Make sure your guest gets any necessary medical attention.
• Document the incident with photos, notes, and witness information.
• Notify your landlord promptly, especially if the injury relates to the property’s condition.
• Contact your tenant insurance provider to report the potential claim.
• Follow up with your landlord and insurance as required.

These steps help protect you if there are questions about fault or if a claim is made.

Landlord vs. Tenant Responsibility for Injuries

Who is liable depends on where and how the injury happened. Tenants are generally responsible for their own property and actions. Landlords are responsible for the building’s major systems and maintaining common areas. If you’re unsure, consult with the Residential Tenancies Tribunal of New Brunswick or seek legal advice.

Relevant Legislation and Where to Get Support

Your rights and obligations as a tenant come from the Residential Tenancies Act of New Brunswick¹. This law covers safety standards, landlord/tenant responsibilities, and dispute resolution.

For more provincial legal details, visit Tenant Rights and Landlord Rights in New Brunswick.

Curious about other rights, resolving problems, or tips for new tenants? See our page on Health and Safety Issues Every Tenant Should Know When Renting.

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1. What if my guest is injured in a common area, like the hallway?
   Common areas such as hallways, stairs, or lobbies are usually the landlord’s responsibility. Notify your landlord right away so they can address the issue.
2. Is tenant insurance required in New Brunswick?
   No, it’s not required by provincial law, but many landlords do require it. Insurance helps cover your liability for accidents or damage inside your unit.
3. How can I prevent injuries in my rental?
   Keep your unit tidy, remove tripping hazards, use adequate lighting, and inform your landlord immediately if there’s a structural problem or repair needed.
4. Who do I contact if there's a dispute about injury liability?
   You can contact the Residential Tenancies Tribunal of New Brunswick for guidance, or seek advice from a legal clinic.
5. Where can I learn more about tenant safety and legal obligations?
   Visit our guide on Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Key Takeaways for Tenants

• Tenants can be liable for guest injuries inside their unit if caused by the tenant’s neglect or actions.
• Tenant insurance with liability coverage offers valuable protection.
• Keep your rental safe, promptly report issues, and know your rights under New Brunswick law.

Need Help? Resources for Tenants

• Residential Tenancies Tribunal of New Brunswick – Tenancy disputes, rights, and official forms
• Residential Tenancies Act of New Brunswick – Full legislation
• Legal Information Society of New Brunswick – Tenant advocacy and legal resources
• Tenant Rights and Landlord Rights in New Brunswick
• Learn more about tenant insurance from the Financial and Consumer Services Commission of New Brunswick

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1. Residential Tenancies Act of New Brunswick
2. Residential Tenancies Tribunal of New Brunswick

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