Holding Landlords Liable for Accidental Injuries

Posted On Monday, 16 August 2021 20:10

While landlords of commercial and residential properties aren’t always liable for accidents that occur on their property, there are certain situations that are almost always the fault of landlords, especially when negligence is involved. If you’re a tenant in a property owned by someone else, whether it’s a commercial or residential property, or you’re a visitor to such a property, and you’ve been injured through what you believe is landlord negligence, an experienced accident attorney may need to help you prove your case. However, if it involves one or more of the following factors, you may be entitled to compensation.

Lack of Maintenance

If your injury is caused by something that should have been repaired by the landlord, such as a broken step or fence, this is often considered landlord negligence. Landlords are required to keep their rental properties in safe condition, especially if the damage is in a common area or has been specified as the responsibility of the landlord in the contract. There is some gray area here, where a tenant might be responsible for a repair, particularly if they caused the damage, but it’s still worth consulting an attorney to find out for sure.

Knowledge of a Hidden Danger

Sometimes, a landlord hides a problem on their property because they either don’t have the funds to repair it properly or they don’t want to be bothered. For example, they may try to hide uneven flooring under a rug, which can be a tripping hazard. If you injure yourself by tripping over this uneven floor, you may be able to recover some damages. The key here will be proving the landlord knew about the problem before you were injured. An attorney can help you prove your case.

Accident Predictability

Landlords are also responsible for accidents that they could have predicted based on the condition of their property. For instance, if they’re aware that there is a loose railing on the front balcony of their apartment building, they have a responsibility to make sure that area is not accessible until it’s properly repaired. They could reasonably predict that an injury could occur because of that loose railing and need to take action to prevent those injuries. If they don’t, they’re liable.

Low-Cost Accident Prevention

Another factor that could affect a landlord’s liability is whether or not they could have implemented a low-cost prevention strategy that would have lowered the likelihood of an accident. For example, if a property is located in a cold environment, a low-cost solution to slipping on the stairs might be to install some treads that grip people’s shoes. If they don’t actively work to prevent accidents by installing those treads, they might be held liable if someone slips and falls on the stairs.

Conclusion

Landlords have a significant amount of responsibility to take whatever actions they can to prevent accidents on their property. In fact, they often obtain landlord liability insurance to protect themselves in case they miss something. If you’ve been injured on a rental property and believe the landlord was negligent in maintaining that property, you may have the right to compensation. Consulting an experienced accident attorney is the best way to determine the strength of your case.

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