Bio-Hazard Contamination...Liability for Property Owners?

We live in a much different world than the one in which we grew up. I know that I feel that way and I'm pretty sure that most people do too. Everything seems to be so much more complex and involved than it used to be. Things were so much simpler.

Take owning income property for example, you bought it, rented it out, paid the bills, maintained it and kept what was left over...simple! Not so today. I won't waste your time detailing all the ways owning income property has changed, but I would like to help with some situations that most rental owners may come across during their term of ownership. Decisions will have to be made that can have a profound effect on your investment and people's health.

The Bio-Hazards that I am referring to in this article are not the ones that we hear about almost everyday...mold, asbestos, petroleum, etc, etc...ad nauseum. Yes, they are important and must be dealt with. The Bio-Hazards that I will speak of here consist of bodily fluids and fecal matter...both human and animal.

All bodily fluids and fecal matter are considered Bio-Hazard material now. There are a multitude of diseases and conditions that can be caught or spread by these materials. There are circumstances when they can be considered contagious and dangerous for months after they are released. A quick google search can reveal the broad spectrum of what these materials can contain.

What I'm referring to here specifically is blood, urine, feces and body tissue that can be released during violent crime, accidents, suicides and natural deaths that go undiscovered. Also animal and rodent infestations.

An example of this would be your very nice and quiet tenant, Brad Pitts, (fictional name) who pays his rent on time has not been seen for a week or two...what has happened is that the poor man had a heart attack and passed away on the floor of your apartment. During this time, bodily fluids become present and contaminate the flooring and possibly the sub-floor. Poor Brad had HIV. You have no way of knowing this. Because of the possible pathogens that could be present in these materials they need to be handled and disposed of by professionals that have been trained and certified to perform this kind of work.

The natural human instinct is to downplay the possible hazard and assume a "business as usual" attitude toward these types of situations. We are tempted to say..."I'll just call my usual cleaners and have them clean it with bleach..." This may not be the best long term decision if a contagious pathogen is present. As competent as these contractors may be in their usual routine, if they are not trained in this specific type of circumstance, they may leave the property in a dangerous condition...which may effect them, your tenants and possibly you! Taking it one step further...if this company that did not properly disinfect this material now disposes of it in a public dumpster or trash facility? What if their own employees did not wear the proper protective gear? In this litigious society that we live in, this may translate into liability. This liability may also be construed as negligence on the part of the property owner.

Yes, having a professional perform this work for you is more expensive initially. It almost always is, but you can be confident that the job will be done correctly and the fact that you hired a specialized company to perform this work will go a long way to negating any alleged negligence or liability. The old saying "an ounce of prevention is worth a pound of cure" may be very applicable in this circumstance. Additionally, any extra cost will be unsubstantial when viewed over the term of your ownership.

The good news is that these circumstances do not occur very often. Additionally, they may be covered by renters insurance or your property insurance. A quick check with your agent may save you time and consternation at a future date.

More good news is that these situations can usually be taken care of quickly. A professional company will be discrete and will cause a minimum of interruption to the facilities normal routine...no one wants their facility wrapped in hazard tape and people with moon suits on walking through the common areas! This will allow property owners to efficiently restore the property to rental condition in a minimum of time.

These types of Bio-Hazards can be scary! But they don't have to be if property owners and professionals work together to remove and dispose of the hazard in a way that ensures the safety of all involved.