top of page

What Is A Landlord Liability Lawsuit?

Landlord Liabilities

A lawsuit can be filed against anyone who manages a property poorly, causing you to suffer injuries. Such parties may include; a landlord, corporations that own land, owners of buildings, or companies that manage property.

People can be seriously injured if the premises are poorly maintained or dangerous. If a dangerous condition has caused your injuries, you are entitled to file a claim. Examples include; stairs that are broken, floors that are weak, yard sinkholes, decks that collapse, railings are weak, and elevators.

real-estate-3337032_640.jpg
Liability

Owners and Landlords

Personal injury claims can also be brought against landlords or apartment buildings. A landlord is generally held responsible for any damages a tenant or visitor sustains due to their negligence.

Injury sustained on a party's property must be directly caused by their negligence. To prove their negligence, you must prove; Your lawsuit is against the owner of the property, the property was used or maintained negligently, and if you were injured as a result of negligence.

Common Property Accidents

Common Accidents

Here are some of the more common injuries and accidents that occur; slipping and falling on a slippery surface, getting tripped up by a hidden obstacle that could have been easily fixed, floorboards that are weak or rotted, stairs or rails that are broken can cause injuries, falling into a ditch or hole, collapsing deck, elevator not working, gates or doors made of steel that are defective, leaking water, a gas explosion, accidents involving fire, or objects that fall. 

Common Injuries

Common Injuries Sustained

Serious injuries can result from these accidents, including; trying to break your fall, injuries to the spine, injuries to the head,  and muscle tears, strains, and sprains.

Elderly people are particularly vulnerable to injury. There is a greater risk of them losing their balance and getting tripped up by hidden dangers. Rather than being able to break their fall, they lose their balance easier. Unfortunately, their age also makes them more likely to get seriously hurt.

Steps Property Owners Need to Take

Property Owners

Renters and visitors of apartment buildings have a legal right to be kept safe by their landlords. If they fail to address a dangerous condition on the property that they know about, or should know about, they breach that legal duty; the hazard should be repaired, safeguard people from harm caused by it, or adequately warn people about hazards.

Rental property owners are required to inspect their properties for unsafe conditions. It is the landlord's responsibility to inspect his entire property; An apartment must be inspected before a tenant moves in, Leases should always be renewed before they expire, When a tenant moves out, and At regular intervals.

If the landlord should have known about a danger in a common area under their control after a tenant relocates, the landlord must still inspect the area. A landlord must take action if a tenant is in control of the danger once they are aware of it.

Despite the fact that an independent contractor may be responsible for checking or repairing hazards on the rental property, the landlord could be held liable for injuries caused by them.

How to File

Filing A Lawsuit Against A Landlord

Renters are not the only ones who can file a lawsuit against their landlords. Others include; residents, visitors to tenants, visits by business visitors, intruders.

 

Visitors, business visitors, and trespassers are not always distinguished in all states. A few states, including California, focus on whether the landlord anticipated the visitor's presence.

Tenants

Tenants

A tenant is someone who pays the landlord to use a property. They sign a lease agreement. In apartment buildings, tenants are often residential tenants. Commercial tenants are also possible.

Upon signing the rental agreement, tenants acquire contractual rights. Under these rights, the landlord must repair dangerous conditions, such as broken steps or handrails. The landlord also has legal rights under state law.

The majority of lawsuits against landlords are filed by tenants. Tenants spend most of their time on the property so they are most likely to be injured.

Visitors

Invitees Or Business Visitors

A business guest is someone who is on the property for business reasons. Since their presence is easily foreseeable, landlords are required to take extra security measures to ensure their safety. Property owners should conduct a reasonable inspection to protect themselves from potential hazards. Even if the landlord leases out the property to someone to run a business on the premises, this rule still applies.

Licensees Or Invited Guests

Licensee

A licensee is someone who is invited onto the property, but not for business purposes. The invitation can be express or implied. Landlords are not required to inspect their properties for potential hazards, but they must fix problems or provide warnings.

Licensees who have been expressly invited include; Guests for dinner, Members of the family, or friends. Licensees who have an implied invitation include: meter readers, garbage collectors, and mail carriers.

Trespasser

Trespassers

A trespasser is someone who enters another's property without permission. Consequently, landlords have a much lower duty of care to trespassers than to licensees and invited guests. However, landlords can still be held liable for their injuries if they are caused willfully or deliberately.

bottom of page