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Renting a home or apartment comes with the expectation that the property is safe and well-maintained. But what happens when poor upkeep leads to an injury? If a tenant slips on an icy walkway, trips over a broken stair, or suffers harm due to faulty wiring, they may have the right to hold the landlord accountable.
Landlords have a legal duty to keep rental properties in a reasonably safe condition. When they neglect necessary repairs or fail to address hazards, tenants and visitors can suffer serious injuries. If a tenant has been hurt due to unsafe conditions on a rental property, it’s important to understand your rights and what legal options may be available.
When Is a Landlord Responsible for an Injury?
Landlords must maintain safe conditions on their property, especially in common areas such as hallways, staircases, parking lots, and sidewalks. They are expected to repair known hazards and take reasonable steps to prevent accidents. If they fail to do so, they may be held accountable when someone is injured.
Some common examples of landlord negligence include:
- Failing to repair broken steps, railings, or walkways
- Allowing dangerous conditions such as ice or water accumulation
- Ignoring faulty wiring, exposed electrical hazards, or poor lighting
- Overlooking structural defects that could lead to a collapse
- Failing to provide adequate security in high-risk areas
To hold a landlord responsible, an injured person must show that the landlord knew—or should have known—about the dangerous condition and failed to take reasonable action to fix it. However, landlords are not automatically liable for every accident. Tenants also have a duty to exercise reasonable care in avoiding hazards.
Types of Injuries That May Lead to a Claim
A wide range of injuries can occur on rental properties due to unsafe conditions. Some of the most common include:
- Broken bones from slip and falls on icy sidewalks or uneven flooring
- Burns or electrocution from faulty wiring
- Head injuries from falling debris or collapsing ceilings
- Cuts, bruises, or fractures caused by defective handrails or loose carpeting
- Assault-related injuries due to inadequate security in apartment complexes
If a landlord’s failure to maintain the property caused the tenant’s injury, the tenant may have a valid claim for compensation. Recovering damages can help cover medical expenses, lost wages, pain and suffering, and other losses related to the accident.
How to Prove a Landlord’s Negligence
Holding a landlord accountable for an injury requires evidence that they were negligent. A successful claim must demonstrate:
- The landlord had a duty to maintain the property.
- A hazardous condition existed, and the landlord failed to fix it.
- That failure directly led to the injury.
- The injury resulted in measurable damages.
Evidence is key in proving negligence. Taking photos or videos of the hazardous condition can be helpful, as can obtaining copies of maintenance records that show whether the issue had been reported before. Witnesses who saw the dangerous condition or the accident itself can also provide valuable testimony. Medical records and documentation of financial losses further support an injury claim.
It is important for a landlord to make repairs to their rental property as soon as they are notified by the tenant of an item needing a repair to prevent accidents and limit liability in case of a future accident.
What to Do If a Tenant is Injured on Rental Property
Understanding your rights as a landlord after a tenant is injured is important. A legal claim against you may provide compensation to the tenant for medical costs, pain and suffering, and other damages.
Protecting Your Rights After an Injury
Landlords are responsible for maintaining safe rental properties. If a tenant is injured on your property, you should seek legal counsel immediately to prepare a proper defense. Taking action quickly can make a difference in the outcome of your claim.
If you have questions about landlord liability, contact us today for a consultation. We can review your case and explain your options. Contact us to get started.