DiLorenzo & Rush | Counselors of Law
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Can you sue your landlord for a slip and fall accident?

On Behalf of | May 3, 2021 | Personal Injury

Accidents happen at apartment complexes all the time. If you or a loved one has been hurt in a slip and fall or some other type of accident at your apartment complex, then you may have incurred significant damages. All while you’re trying to deal with your physical and emotional pain and suffering, you’ll probably also have to find a way to pay for medical care and offset your lost wages. This can be completely overwhelming. In your frustration, you might be asking yourself if you can hold your landlord responsible for the injuries that have been suffered. That’s a good question, and one that we hope to provide general guidance on here.

Landlord liability in common areas

Many injurious accidents occur in the common areas of apartment complexes, which can include swimming pools, parking lots, exterior stairways, sidewalks, and playground equipment. Here, property owners have a duty ensure that hazards and dangerous conditions are quickly repaired and that tenants are notified and warned of the dangerous conditions.

Even conditions that aren’t an obvious hazard, like a water leak, can lead to a premises liability claim. This is because it is reasonably foreseeable that a leak could create a slick service that could result in an injurious slip and fall accident.

To successfully show liability in common areas, you need to show that the property owner either knew of the hazardous condition and failed to timely repair it or warn others of it, or that the property owner should have been aware of the dangerous property condition by exercising reasonable care. Therefore, records pertaining to complaints and inspections as well as testimony about the nature and location of the hazard can be powerful in building your case.

Landlord liability in individual units

Property owners are held to a higher standard of care when it comes to common areas compared to individual units. This is because they have more control over common areas. But that doesn’t mean that a property owner can escape liability for injuries suffered in an apartment unit. Generally speaking, your property owner has a duty to timely repair hazardous conditions within individual units once made aware of them. So, if rotten floorboards or a slip and fall due to faulty plumbing injured you that you’ve made the property owner aware of, then you might have a justifiable legal claim.

The extent of your claim

While premises liability claims are best aimed at a property owner, you’ll probably fact off against other parties. Most property owners, for example, have insurance, which means that you’ll be going up against that insurance company when you file your claim. You might also want to pursue a claim against the management company that is responsible to maintaining the premises. This can increase you chances of imposing liability and recovering the compensation you deserve. By identifying who you’ll be going up against, you can better develop a legal strategy that works for you.

Approach your case with confidence

It can be stressful to pursue a personal injury lawsuit. But you can put your fears to rest with a well-developed claim that competently applies the law to the facts of your case. An attorney who is experienced in this area of the law might be able to help you gather the evidence and build the compelling legal arguments that you need to maximize your chances of recovering compensation. If you’d like to learn more about what you can do with your case and your likelihood of success on the facts at hand, consider reaching out to a legal team who will provide you with the personalized attention you and your claim deserve.