Landlord Negligence Causing Injuries: Premises Liability

Landlord negligence causing injuries? Everyone deserves to feel safe in their own home. When you live in an apartment or a space you rent out, there is a legal and moral obligation for the landlord and property owner to provide a safe and secure home. If a landlord fails, you may have grounds for a premises liability case due to landlord negligence. A landlord could be held liable if you are injured from neglect due to hazardous safety risks in an apartment.

Landlord Liability: What is Apartment Negligence?

Negligence occurs when there is a failure to behave in a reasonable way. The behavior usually consists of actions on the part of the negligent party but can also consist of omissions when there is some duty to act.

Landlords could be held liable for:

Faulty wiring
Faulty gas lines
Infestation
Failing to provide structurally sound transit to the different levels of the building (stair and elevator accidents)
Slip and fall accidents
Among others

Breach of Duty

Landlords and property managers have a duty to maintain a habitable, livable and safe residence for renters. If a tenant is going to bring a case against a landlord they must first prove breach of duty. For example, if a tenant wishes to bring charges against a landlord for an apartment fire due to faulty wiring, the breach of duty on the landlord’s part would be the failure to address or replace the faulty wiring that contributed to an apartment fire.

Damages

In order to have a viable premises liability case, there has to be damages suffered by the plaintiff. These damages can sometimes be hard to prove. In the example previously mentioned, the damages would be the fire caused by the faulty wiring which could cause physical harm, mental anguish, loss of property for the tenant and in extreme cases loss of life. This would fall under landlord negligence.

Prove the Breach of Duty Caused Damage

In order to be ruled premises liability or landlord negligence, it must be proven that the breach of duty caused the damages suffered. Continuing our example, in an apartment fire, the proof needed would be if the landlord was aware of the faulty wiring and the dangers it proposed and did not remedy the situation. By not addressing the faulty wiring, the landlord has breached the duty they have to the tenant in maintaining a habitable living space. In this case, the landlord’s inaction is directly responsible for the damages suffered by the tenet.

The Essential Elements in an Owner Negligence Claim

To make a successful claim, one must take some guidelines into account. Primarily, one must demonstrate the owner’s negligence. In addition, one must demonstrate the consequences, which can be financial or physical injury. These are the steps one must take after an accident caused by owner negligence:

Seek immediate medical attention. This must be done no matter how minor your injuries seem. Sometimes they do not present symptoms hours or days after the accident. A record of medical expenses and treatments are essential for your case.
Contact the owner of the premises. Whenever you make a report, you must get a copy.
Document the scene of the accident. This includes taking photographs and, if possible, videos of the accident scene immediately with your cell phone.
Exchange information with witnesses. They will help testify about your incident.
Request security camera footage of the store whenever possible.
Contact an expert premises liability attorney. They will help you and provide a solid case to get the compensation you deserve.

How Can Malloy Law Offices, LLC Help with your Premises Liability Case

It is important to bear in mind your rights as a tenant. In the event of suffering an accident due to owner negligence, you can file a claim. We have more than 15 years of experience taking personal injury cases. At Malloy Law Offices we work on a contingency fee basis. Contact us today to receive a free consultation with one of our expert attorneys. We would be happy to represent you and get the compensation you deserve.