Your landlord’s responsibility for injuries

| Oct 27, 2020 | Personal Injury |

Slip and fall accidents can happen anyplace and at any time. If you are an apartment tenant or guest, your right to take legal action depends on where the accident occurred. In some cases, landlords may be held accountable in a personal injury lawsuit for accidents on their property.

Ownership

Apartment renters are responsible for the safety of their units. But landlords have the legal duty of preventing dangers to tenants and guests by conducting regular maintenance.

In a slip and fall case, it is important to prove that another person owned the property where the accident occurred. The property owner is liable if their negligent property maintenance created the hazard that led to the accident. If a fall occurred in an apartment complex, the accident victim must prove that the landlord’s negligence caused the accident if they sue that property owner.

Lawsuit elements

Generally, slip and fall victims must prove certain facts if they sue the landlord for their injuries. First, the landlord was responsible for keeping living or common areas hazard free. In a negligence case, this is known as their duty of care.

Landlords must fix any known hazard or danger that they should have known about. Or they must place visible caution signs at the hazard.

Next, the plaintiff must prove that landlord’s neglect of this duty of care caused the accident and that the victim suffered injuries.

Tenant rights

Tenants have the right to live in an apartment complex that does not have preventable hazards. However, tenants should tell their landlord about any hazards and provide them with the opportunity to fix them.

Any tenant or guess who is involved in an accident should take pictures or video of the place where they fell.  Document the hazards that caused this accident and keep that evidence with copies of your complaints to the landlord and maintenance requests.

If you fall, seek prompt medical attention to assure that any injuries are treated. Medical records will also constitute evidence of your injuries and costs.

An attorney can advise tenants and guests on their rights if they suffer a slip and fall accident. They can help gather evidence and pursue compensation for your injuries and losses at hearings or negotiations.

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