States have adopted different approaches to determine how a plaintiff’s degree of responsibility may impact their personal injury claim.

You were running, intoxicated, or otherwise acting recklessly when you slipped and fell.

You failed to notify your landlord about the dangerous condition, or.

You might be partially at fault for your slip and fall accident if:

Proof that your landlord was aware of the dangerous condition (e.g., an email, text, or letter informing your landlord about the condition)Ĭould you be at fault for your slip and fall injury?Īs a tenant, it’s possible to be partially at fault for your slip and fall accident.To prove these three things, you or your attorney will likely need to collect some or all of the following evidence: Your injury was caused by the dangerous condition.Your landlord knew or should have known about the dangerous condition, and.A dangerous condition existed on the rental property,.To prove that a property owner or landlord is liable for your injuries, you’ll typically need to establish that: However, there are instances when hiring a personal injury attorney doesn’t make sense. Slip and fall accidents can result in broken bones, spinal trauma and head injuries, leaving you with costly medical bills.Īccording to the National Safety Council, falls in the home most commonly occur in these areas:Įnjuris tip:It’s almost always a good idea to speak with a personal injury attorney following an accident. Injuries from falls account for more than eight million emergency room visits every year. The National Floor Safety Institute found that 50% of all accidental deaths in the home are due to injuries sustained when falling. For example, if your landlord failed to install proper lighting or failed to remove obstacles from a stairway, they are probably negligent if you slip and fall as a result.Įvery year, thousands of people sustain injuries ranging from minor scratches to traumatic brain injuries as a result of slip and fall accidents. Negligence on the part of a landlord or property owner is often the cause of a slip and fall accident. One of the most common causes of tenant injury is a slip and fall accident. Slip and falls in and around the rental property When the injury occurred in a common area over which the landlord has complete control (for example, common hallways, exterior stairs, elevators, and sidewalks).When the landlord had actual knowledge of the dangerous condition (this is why it’s important to tell your landlords about any dangerous conditions and give them a reasonable amount of time to repair them), and.It would be unfair to require your landlord to know about and repair all dangerous conditions after you move into the rental property given that your landlord doesn’t have the right to enter your rental without your permission.Īs a result, most states won’t hold landlords responsible for injuries on the premises that are caused by dangerous conditions that came into existence after possession has passed to the tenant, with two big exceptions: After giving the tenant possession of the rental property.If your landlord fails to do so and you suffer an injury as a result of the dangerous condition, your landlord may be held liable. Your landlord must then repair any unsafe conditions that are discovered or should have been discovered. Before giving you possession of a rental property, your landlord must conduct a reasonable inspection of the property for unsafe conditions.

Before giving the tenant possession of the rental property.In general, there are two time periods when a landlord can potentially be held liable: The area of law that determines whether a landlord can be held liable for an injury sustained in a rental unit is called premises liability law. If you’re injured while living in a rental unit, you may be able to file a personal injury lawsuit against your landlord or the owner of your apartment complex to help pay for your recovery.įor example, your landlord may be found negligent if they fail to maintain the front steps of your apartment complex and you slip and fall, or if they fail to adequately secure your apartment complex and a third party breaks in and harms you. You should be able to go to sleep at night without worrying that a careless landlord has left you at risk for an accident or injury. As a tenant in an apartment building or rental home, you may not realize that your lease guarantees you the right to a certain level of safety and security.

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