When Can I Sue My Landlord for Injuries Sustained on the Rental Property?
Landlords have a duty to ensure their rental properties are safe and fit for habitation. While some laws concerning landlord obligations vary from state to state, generally, landlords must exercise a standard of care that prevents illness and injury to tenants. When tenants suffer injuries or contract illnesses due to unsafe elements of their rental properties, they often sue the property owner for negligence.
Lease agreements vary greatly in their contents, and typically, a lease agreement will delineate between the landlords’ responsibilities and tenants’. If a tenant had a responsibility to handle a specific type of maintenance, fails to do so, and this failing leads to an injury or illness, the tenant may not be able to hold the landlord liable for the damages.
Proving Negligence
Most personal injury lawsuits hinge on the concept of negligence. If you’re a tenant who suffered an injury or developed an illness due to your landlord’s failure to maintain a safe property, you’ll need to prove the landlord was negligent to succeed in a personal injury lawsuit. Proving negligence will require showing the court various facts about the situation:
- The landlord had a duty to uphold a standard of care. This means landlords must maintain their rental properties so they pose no threat to tenants. Typically, your local injury attorney will need to prove the landlord acted differently than another similarly situated, reasonable landlord would have in the same situation.
- The landlord violated this standard of care. Essentially, you must prove your landlord had an obligation to address a hazard and failed to do so. The court will assess whether the landlord acted reasonably in the situation in question and exercised the appropriate level of care. For example, if you notify your landlord of a hazard on your rental property and the landlord fails to adequately address the hazard, you can sue for damages if the hazard causes you injury or damages.
- Your injuries and damages directly resulted from the landlord’s failure to uphold a reasonable standard of care. You cannot sue for any unrelated illnesses, injuries, or damages – only those you sustained as a direct result of the landlord’s negligence.
Landlords may find themselves in legal trouble for failing to uphold general public safety standards, known as “negligence per se.” This means that plaintiffs can sue for damages simply by proving the landlord did not follow a law designed to protect the public or tenants, such as installing fire alarms in rental properties. Plaintiffs will typically succeed in these lawsuits solely by proving the landlord broke the law without requiring additional proof.
Other Landlord Liabilities
A landlord can cause damage through criminal acts by failing to properly secure his or her rental properties. For example, if the landlord failed to install reliable door or window locks and a burglar breaks into the property, the landlord is likely liable for the tenant’s damaged or stolen property and any injuries a tenant sustained during the ordeal. Similarly, a landlord may be liable for injuries and damages due to negligent security, such as failing to adequately light a parking structure or lot that lead to a tenant suffering a violent assault.
One of the best things tenants can do to protect themselves is to thoroughly read their lease agreements. If you rent a property, ensure you are upholding your responsibilities as a tenant to the letter. Any failing to fulfill your obligations could complicate a future lawsuit against your landlord.
If you notice any hazards on your rental property, document/photograph them with the date and time, and keep copies of all interactions you have with your landlord. If your landlord fails to address a reported issue, or does so inadequately, having a paper trail proving your correspondence and the landlord’s knowledge of the issue will be invaluable to a personal injury case.