Landlord Liability when it Comes to Slip and Fall Cases
When renting houses or apartments and you slip and fall, you are allowed to have your landlord held liable.
However, this is dependent on the location of this, and why you slip and fell in the first place.
Negligence
In almost all injury cases, negligence needs to happen in order to determine who is at fault. No negligence, no liability.
If you’re going to win this kind of case, you must prove that the owner of the property, or the landlord, is negligent. The landlord caused the slip and fall injury in the first place. Another thing to understand though is that just because the premises weren’t in top condition doesn’t mean it’s the landlord’s fault. You must prove this, especially if it is known that the premises were like this before the case occurred.
Examples of Slip and Falls
Let’s say your apartment leaked, it dripped to the floor, and then you slip and fall.
That does happen, but to prove it, you need to show that the landlord knew about the leak.
If you did not notify them since it just started, then the fault is on you, since you’re the one who just saw it, and the landlord didn’t have a chance to fix it.
However, if you did tell them about this and the plumbing was busted, then there is a chance the landlord knew the pipe leaked. That’s because there was neglect in the rental place, since the jury can then rule against the landlord, since you did mention this to them.
If the place was neglected however, and that was known, remember you’re liable at this point. That’s because you are pretty much responsible for the property, and at that point, you know what you’re getting into with that.
What About Common Areas
Let’s say as well for example you slip and fall on the sidewalk from the front door to the street. Maybe the landlord owns it, but is it their responsibility?
If it’s in the lease that you’ve got to shovel snow, you’re the one at fault. But if the lease states the landlord needs to do it, they’re responsible since it is stated legally.
Another instance of course might be a slip and fall of the stairs or house outside. If it was a substance just on the stairs, you won’t win, since the landlord isn’t obligated to clean up all of the substances in common areas that they don’t know about.
However, if the stairs are broken, wobbly and uneven, with no handlebar and are violating health codes, you’re going to probably win that, since it is a strong case.
With all liability cases though, there are always a few things that you should do. Take pictures of the scene, who you were, any injuries that were there, and of course the conditions of the weather if you’re able to manage it. This of course can be snow or ice, since that does change.
It is very hard to win slip and fall cases with no pictures, so remember to document everything. With slip and fall cases against landlords, they’re a little more cut and dry than say, sidewalks and such, but this can be a proven instance and something that’s good for you.
With a lot of people, there are definitely some benefits to this, and for a lot of them, it can be good, and at the end of the day, proving liability is ultimately what needs to be done in order to win the case you have.