Landlord Negligence Causing Injuries: Premises Liability
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.
How a Premises Liability Attorney Can Help With Landlord Negligence
If you have been injured because of landlord negligence, you may have a premises liability claim. Contact a skilled premises liability attorney here at Malloy Law Offices, LLC. Call (855) 464-7831 today for your free consultation. They will go over the facts of your case, ensure all common law and statutory duties owed to you by the defendant have been examined, and diligently argue your case so that you can receive recovery for the damages you are entitled to.