June 28th, 2021|
In most states, the landlord of a property has a legal obligation to maintain the safety and security of the tenants they rent to. This means they must fix things such as broken stairs, weak railings, collapsing decks, or poor lighting to keep the rental free of hazardous conditions.
If your landlord fails in this regard and you become injured, they may be subject to premises liability laws and owe you compensation for your injury. Learn who can sue a landlord for personal injuries, how premises liability laws factor into your case, what type of compensation you may be entitled to, and how a slip and fall attorney can help.
Who Can Sue a Landlord?
A long list of people can sue a landlord for injuries incurred on the property. The list includes renters, tenants, visitors, workers, and even trespassers. Tenants or renters live on the property and are the most common plaintiff in landlord-tenant personal injury cases.
Visitors, such as family and friends of the tenant, may be entitled to compensation if they are injured while visiting the property. Workers such as landscaping crews, exterminators, and utility company employees can sue landlords for injuries they sustain while on the premises. Trespassers also fall under the list of people who may file a claim if they are injured in a rental property.
Examples of Unsafe Conditions
Many unsafe conditions may cause injury on a rental property. Common examples include:
- Slips and falls on slick surfaces
- Tripping on uneven stairs or obstacles that are hidden but easily fixable
- Falling through rotted or weak floorboards
- Falling on broken stairs
- Injuries from exposure to dangerous chemicals
- Injuries from a broken or weak railing
- Burns from scalding water
- Injuries from porch or deck collapse
- Injuries due to inadequate or non-existent lighting
Slip and Fall Accident Injuries
The most common type of personal injury claim affecting tenants and landlords is slip and fall accidents. These types of accidents happen when a person slips or falls and suffers a personal injury because of unsafe conditions on a property. The types of injuries a person suffers due to a slip and fall range from minor to severe. Injuries might include broken bones, head injuries, traumatic brain injuries, spinal injuries, muscle injuries like strains, tears, sprains, scrapes, wounds, or bruising.
Premises Liability Laws
The most significant legal factor in determining whether or not you can file a slip and fall claim against the property’s landlord rests in California’s premises liability laws. To win your case, you must show that the defendant owns the property where the accident occurred, that they were negligent in maintaining the property, and that their negligence was a major contributing factor to your injuries.
Negligence occurs when the property owner fails to:
- Repair the unsafe condition
- Give an adequate warning about the dangers
- Protect tenants, visitors, and workers from the hazard
Landlords in California are required to perform thorough inspections of their properties before renting to a tenant to uncover and repair hazardous conditions. If the landlord fails to discover, fix, and warn the new tenant of a hazard, they may be held liable.
Keep in mind that a landlord is not held liable for injuries that occur once you are in possession of the property. Landlords cannot perform surprise inspections on their tenants. Therefore, if a dangerous condition arises after you move in and you do not inform the landlord and then become injured, they are unlikely to be liable for your injuries.
The two exceptions to this situation are if your landlord is made aware of the hazard and fails to address it or if the accident occurs in a common area such as the hallway, stairs, or property elevators.
Personal Injury Compensation
If you are injured in a slip and fall accident due to landlord negligence, it is best to speak with experienced California slip and fall attorneys as soon as possible. Premises liability laws are complex, and cases of this nature are best handled by knowledgeable personal injury lawyers who specialize in the practice area.
An experienced attorney can help get you compensation for your medical bills, lost wages, and pain and suffering.
Contact Berg Injury Lawyers Today
If you or a loved one suffered an injury due to landlord negligence, contact the knowledgeable team at Berg Injury Lawyers today. During your free consultation, we will go over the facts of your case and help you consider your legal options. We have been representing victims’ rights for 40 years and will work to obtain the settlement you deserve.