You share a suite with two other therapists. A client trips over a loose rug in the common waiting area and breaks a hip. They sue you (because they were there to see you) and the landlord. The landlord points to your lease, claiming you are responsible for the “Premises.” Your professional liability carrier says, “We cover therapy errors, not rugs.”
Key Takeaways
- Slip and Fall = General Liability: Professional Liability (Malpractice) does not cover bodily injury from accidents. You must have “General Liability” (GL) or “Premises Liability.”
- The “Triple Net” Trap: Many commercial leases require the tenant (you) to indemnify the landlord for anything that happens in the suite, even in common areas.
- Additional Insured: The landlord likely requires you to list them as an “Additional Insured.” If you didn’t do this, you breached your lease, and your insurance might deny the landlord’s portion of the claim.
- Shared Spaces: If you are in a co-op, you need a shared “Slip and Fall” policy, or clear contracts on who owns the waiting room risk.
The “Why” (The Trap): The Professional Services Exclusion
I read the exclusion in a Malpractice policy.
“Excluding claims for Bodily Injury that do not arise directly from the rendering of Professional Services.”
A fall in the lobby is not “rendering therapy.” It is a premises defect. If you cheaped out and bought “Malpractice Only” without the “General Liability” slip-and-fall rider, you are personally liable for the $50,000 medical bill.
[IMAGE: Diagram of an office suite highlighting ‘Common Areas’ vs ‘Private Office’ liability zones]
The Investigation: The Slip & Fall Rider
I checked how to add this coverage.
1. The Hartford (Business Owners Policy – BOP)
- My Analysis: The gold standard for offices.
- Coverage: Covers the rug, the coffee maker fire, and the theft of your laptop.
- Cost: ~$500/year.
2. Malpractice Carrier Add-on (CPH/HPSO)
- My Analysis: Most malpractice carriers let you add “General Liability” for ~$150/year.
- The Catch: It usually only covers your office, not the shared hallway. Check the definition of “Premises.”
3. Landlord’s Policy
- My Analysis: The landlord has insurance, but their insurer will subrogate (sue) you to get their money back if the client was your guest.
Comparison Table: Office Liability
| Policy | Covers Therapy Error? | Covers Lobby Fall? | Cost |
| Malpractice Only | Yes | No | $300 |
| Malpractice + GL Rider | Yes | Yes (Check limits) | $450 |
| Business Owners Policy (BOP) | No (Usually separate) | Yes (Best coverage) | $500 |
Step-by-Step Action Plan
- Read Your Lease: Find the “Indemnification” and “Insurance” clause.
- Buy the GL Rider: If you don’t have it, log in to CPH/HPSO and add “General Liability” right now. It takes 2 minutes.
- Add Landlord as Additional Insured: Send the certificate to your property manager. This stops them from evicting you for lease violation.
- Inspect the Lobby: If a rug is loose, tape it down. Report hazards to the landlord in writing immediately.
FAQ Section
What if I work from home?
Your Homeowners policy likely excludes “Business Activities.” You need a “Business Endorsement” on your home policy or a separate GL policy.
If the other therapist’s client falls, am I liable?
If you are both on the lease, yes, you could be “Jointly and Severally” liable.
Does this cover theft of my purse?
General Liability covers liability to others. It usually does not cover your property unless you have “Business Personal Property” coverage.