When is a Landlord Liable for Slip and Fall Injuries?

November 30, 2022 Posted In Personal Injury

When a slip and fall injury occurs at the home or apartment you are renting, you may be wondering if you can hold your landlord responsible. Whether you can depends on where the slip and fall occurred and why. 

Slip and Falls and Negligence

To hold a landlord legally liable for a slip and fall injury, you must be able to prove that their negligence was the cause of your accident. For example, the following elements must be present in your case: 

• The landlord or their property manager maintained, owned, or controlled the location where the accident occurred. 
• The owner knew or should have known about a dangerous condition on the property that could cause an accident leading to severe injury and failed to fix or warn of it. 
• The preventable hazard directly led to your slip and fall injury. 
• Your slip and fall injury resulted in damages (e.g., medical bills, lost income, pain and suffering, etc.)

If the landlord did not act negligently and you just happened to slip and fall on the property, they will not be liable. The success of your case hinges on providing evidence of their negligence. 

Examples of Negligent Landlord Injuries

Common examples of when a landlord could be liable for injury accidents at a house or apartment being rented include, but are not limited to:

• Slip and fall on a wet, slippery surface that should have been cleaned up—for example, a puddle caused by a leaking roof or gutter. 
• Slip and fall due to a landlord’s failure to remove snow and ice from sidewalks. 
• A fall on a stairway due to broken steps or a weak railing.
• Falls because of weak or deteriorating floorboards. 
• Falls due to poorly lit halls or stairs.  
• Falling because of debris or obstructions in common walkways. 

The injuries from slip and falls on a landlord’s property can range in severity, such as traumatic brain injuries, bone fractures, neck injuries, spinal cord injuries, or cuts, abrasions, and soft tissue injuries.

Tenant’s Rights After a Slip and Fall Injury

After a slip and fall injury caused by a landlord’s negligence, tenants have the right to pursue a premises liability claim to recover compensation for injuries and related expenses. Immediately after a slip and fall, seek medical attention as soon as possible. If you do not require an ambulance, try to stay where you were injured and collect evidence. Take photos or videos of the hazard that caused your fall, the surrounding area, and your injuries. If anyone witnessed your slip and fall, ask for their contact information. 

Notify your landlord of the slip and fall and your injuries in writing. They will likely have liability insurance through which you can file an insurance claim. Most cases settle outside of court, but working with a Riverside Slip and Fall Attorney is critical. They can help you with every aspect of your claim and will ensure you receive the compensation you need now and in the future.