Landlord Liability for Slip and Fall Accidents
A slip and fall in your rented house, condo or apartment can lead to serious injuries. You may be unable to work and be facing extensive medical treatments. If the slip and fall was caused by your landlord’s negligence, you may be able to file a landlord liability claim under premises liability laws. There are some criteria that must be met, however, before your landlord can be held liable for your injury.
Landlord Negligence
The first thing you will need to prove is that your injury was caused by a negligent action by your landlord. Simply slipping and falling does not constitute landlord liability. Either the landlord must have caused or failed to prevent the condition that led to your slip and fall. In addition, you must prove that your landlord knew or should reasonably have known the dangerous condition existed.
Reasonable Knowledge
If there is a leak under your kitchen sink that causes the floor to be wet, leading you to slip and fall, the landlord liability depends on whether the landlord knew about the leak. If the leak began while you were at work and you slipped as soon as you got home, there was no way for your landlord to reasonably have known the leak was there. If you notified the landlord about the leak, however, and they neglected to fix it, causing it to worsen and spill water on the floor, your landlord may be held liable for your injuries.
Exterior Slip and Falls
Outside the rental property, there are other conditions that must be met to hold your landlord liable. If you slipped on ice or snow, you will need to show that it was the landlord’s responsibility to shovel the snow and that the responsibility was not yours based on your lease. If you slipped on substance spilled on the steps by another tenant, your landlord cannot be held liable as they would have no way of knowing about the spill.
Documentation of Evidence
If you do suffer a slip and fall in a rental property, take photos of the accident scene, the clothes you were wearing and your injuries. If you slipped on ice or snow, be sure to take photos before the snow or ice melts. Seek medical attention even if your injuries seem minor.
If you or a loved one has been injured in a slip and fall at a rental property, contact Lundy Law today to learn what rights you may have. You can arrange for a no obligation consultation by calling 1-800-Lundy Law or completing the easy form on our website.
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