It is important to be aware of your rights in the event of a slip and fall accident, especially when the accident occurs on a property you are renting. Liability is a term used to determine in what cases, and to what extent, a property owner or landlord is responsible for injuries sustained by those on the premises they rent. Proving liability is a crucial aspect of a slip and fall claim in which victims are seeking compensation for injuries.
Determining Landlord Liability in a Slip and Fall Case
Establishing liability for an accident case depends largely on the ability to demonstrate a breach of duty. In the case of an accident on a rental property, establishing liability for the owner requires that the plaintiff prove that the owner of the property was neglectful in some way. To be successful, he or she must also show that the owner was or should have been reasonably aware of the conditions that led to the accident. This can be accomplished by showing evidence that the property owner was directly informed of hazardous conditions that could result in a fall.
Landlords have a duty to take reasonable precautions to protect tenants and visitors from known hazards. These include keeping a checklist of tenant complaints and acting to resolve them; encouraging tenants to report issues promptly and clearly; and performing routine inspections of the premises to ensure there are no hazardous areas. Conversely, a landlord may see their risk of liability increase if they fail to take steps to keep the property in good repair, especially if they are proven to have been aware of the issue, and even more so if the fix would have been simple and cheap to perform.
What are Your Rights as a Slip and Fall Victim?
Slip and fall accident victims can suffer long-term, life-changing injuries. Common slip and fall injuries include sprains, contusions, hyperextensions, head injuries, and broken bones. While some of these injuries tend not to cause much disruption in daily life, some victims will suffer the effects of the injury for months or even years. By filing a premises liability lawsuit against the responsible party, victims may be able to recover financial compensation for injury-related medical expenses, lost wages, pain, and suffering, and other damages.
Because of the variety of injuries, the varying nature of injuries of a given type, and the differences between nature of each accident, each case must be addressed individually. If you are injured in a slip and fall accident, it is important to seek legal counsel in order to know how best to approach your specific case. Working with your lawyer to establish how the landlord may be liable due to neglect is a crucial step when seeking compensation for an injury.