If you are a renter and slip and fall in or outside of a rental property, there may be instances in which you may be able to hold your landlord liable. If you have slipped and fallen in or on the premises of a property that you rent, read on to see who is at fault.
The key to any personal injury case is negligence. Without negligence, there is no liability. In order to prove that the property owner (or your landlord) is at fault, you must be able to prove that they were legitimately negligent in some way. The mere fact that you slipped and fell does not in and of itself prove negligence on the part of your landlord. You have to prove that the landlord was aware of or should reasonably be aware of unsafe conditions where the slip and fall incident occurred.
The key to any personal injury case is negligence. Without negligence, there is no liability. In order to prove that the property owner (or your landlord) is at fault, you must be able to prove that they were legitimately negligent in some way. The mere fact that you slipped and fell does not in and of itself prove negligence on the part of your landlord. You have to prove that the landlord was aware of or should reasonably be aware of unsafe conditions where the slip and fall incident occurred.
- Slip and fall injuries on the interior of the property
For instance, let's say there is a water from a leak dripping from the ceiling of your apartment onto the floor. If you end up slipping and falling due to water from the leak pooling on the floor, you have to prove that the landlord knew about or should reasonably have known about the leak. For instance, if the leak just recently appeared and you did not notify the landlord of its existence, then you will have a difficult time proving negligence on the part of your landlord.
On the other hand, if the leak is just one more of a number of plumbing issues that the landlord has not fixed or addressed, then you may be able to prove negligence on the part of your landlord. Even though the specific leak in question may have only recently appeared, you may still have a legitimate case against them. Having said that, however, if the property in question is in poor condition overall and was that way when you moved in, then a jury might decide that you should have known what you were getting into from the start and may rule in favor of the property owner.
Conversely, however, there are a number of ways in which you may actually be able to prove negligence on the part of the property owner. If you pay an appropriate rental amount that you should have a reasonable expectation of the property is in good repair and it is not, you may be able to prove liability on the part of the property owner. Similarly, if you notified the property owner many times of the leak or if the leak is simply a part of a pattern of neglected maintenance, then you may be able to show negligence on the part of the property owner.
On the other hand, if the leak is just one more of a number of plumbing issues that the landlord has not fixed or addressed, then you may be able to prove negligence on the part of your landlord. Even though the specific leak in question may have only recently appeared, you may still have a legitimate case against them. Having said that, however, if the property in question is in poor condition overall and was that way when you moved in, then a jury might decide that you should have known what you were getting into from the start and may rule in favor of the property owner.
Conversely, however, there are a number of ways in which you may actually be able to prove negligence on the part of the property owner. If you pay an appropriate rental amount that you should have a reasonable expectation of the property is in good repair and it is not, you may be able to prove liability on the part of the property owner. Similarly, if you notified the property owner many times of the leak or if the leak is simply a part of a pattern of neglected maintenance, then you may be able to show negligence on the part of the property owner.
- Slip and fall injuries on the exterior or common areas
Slip and fall injuries on the exterior property or common areas are common in winter, particularly in cold climates when there are ice and snow to deal with. Again, just because you slip and fall on the property, however, does not automatically make your landlord liable. For instance, if you slipped and fell as a result of walkways not being shoveled or cleared of ice, liability will be dependent on the terms of your lease agreement. If your lease agreement states that clearing walkways of snow and ice are your responsibility, then your landlord is not liable. If, on the other hand, your lease agreement states that the landlord is responsible for keeping walkways cleared and free of ice and snow, then the landlord will most likely be held liable.
Other common exterior slip and fall cases involve exterior stairs. If there is some kind of foreign substance on the stairs that causes you to slip and fall, you are probably not going to be able to hold your landlord liable. Since they are not there, they have no reasonable way of knowing there is an issue that needs to be addressed. On the other hand, if you fall as a result of stairs that are not in good repair and have not been for some time, you may be able to prove negligence on the part of your landlord.
Anytime you have a slip and fall incident, you should always carefully and immediately document the incident - particularly if you fall outdoors as a result of ice or snow. Ice and snow can melt quickly so it is important to immediately take pictures of the area where the incident occurred. Also, take pictures of your clothes and any bruises you might have as soon as you can.
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