Is a Landlord Liable if a Tenant or Guest is Injured on Rental Property?
Legal disputes actual and potential come in all shapes and sizes for landlords and tenants. Whether it’s a disagreement over rent or responsibility for repairs, return of a security deposit or an injury that occurs on the leased premises, it is important for you to know your rights and responsibilities under federal state and local laws. In this blog post, we will discuss some of the issues surrounding liability of a landlord when a tenant or guest is injured on the leased premises.
Slip and Fall Accidents on Rental Property
Generally, a landlord may be liable to the tenant or others for injuries caused by dangerous or defective conditions on rental property. In order to hold a landlord legally responsible, a tenant must prove that the landlord was negligent, that the landlords negligent conduct caused the injury, the landlord had control over the problem that caused the injury, the accident was foreseeable, fixing the problem or at least giving adequate warning of the problem would not have been unreasonably expensive. To do this, a tenant must also show that a serious injury was the probable consequence of not fixing the problem, the landlord failed to take reasonable steps to avert the accident, the landlord’s negligence caused the tenant’s accident, and tenant was genuinely hurt. For example, if a tenant falls and breaks his or her ankle on a broken front doorstep, the landlord will be liable if the tenant can show that the landlord’s responsibility to maintain the steps was not complied with. In most instances, steps are part of the common areas which is typically considered to be the landlord’s responsibility. An accident of this type is highly foreseeable because falling on a broken step is highly likely if unrepaired. As such, the probable result of a broken step is a serious injury. In such a case, a repair would have been easy and inexpensive. It would be easy to prove this element if the steps were broken for weeks or even days but less so if the step broke five minutes earlier and showed no previous signs of being in disrepair. It may get harder though if the tenant does not have a witness to the fall. A tenant can file a personal injury lawsuit for medical bills lost earnings pain and other physical suffering, permanent physical disability, disfigurement, emotional distress, and property damage that results from faulty maintenance or unsafe conditions.
Let Our Miami Accident Lawyer Help! Schedule a Free Consultation Today! After a slip and fall accident, you may be worried that you will be unable to find a responsible party to pay for your injury. If you or someone you love were injured in a slip and fall accident of any kind, our top-rated slip and fall lawyers can help. Having experienced slip and fall lawyers fighting for you can mean the difference between winning top dollar for your claim and receiving no compensation at all. You may be wondering how exactly is it that a personal injury attorney can assist you with your claim. There are several ways. First, our team can review your slip and fall claim and evaluate your claim to see if it is compensable. This is done during an initial consultation. Having an experienced attorney look at your case can be of tremendous value. If your case is compensable, an attorney will either send an initial settlement demand letter or file a complaint depending on what stage of the personal injury process your case is at. Once a case is filed, the discovery phase of your case begins. In the discovery phase, we will obtain many pieces of evidence. For example, we obtain witness testimony, medical records and bills, police reports, and any other information that is necessary to get a full understanding of your case. If a settlement cannot be obtained, the next step will be to prepare to take your case to court, where it will usually be tried in front of a jury. Our attorneys are ready to provide proven legal representation and stand ready to protect your rights. We are available 24/7 to give you a free, no risk case consultation!
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