Getting injured due to an accident through no fault of your own is a horrible situation to be in. Not only could you face medical attention and the bills that come along with it, you might also not be able to work resulting in loss of earnings. As a tenant it’s important to know what your rights are when it comes to premises liability, and what responsibilities your landlord has.
What is Premises Liability?
Premises liability is a legal concept involved in personal injury cases which deal with a ‘premises’ or home. As with the majority of personal injury cases, proving negligence is integral to a successful claim. In terms of premises liability, you the tenant must prove the landlord’s negligence has led to you being injured.
How Do I Know if My Landlord Has Been Negligent?
Just because you’ve injured yourself in your rented property does not automatically mean your landlord is liable. Without proven negligence then the landlord is not at fault and you will lose your case. This is why it’s important to have as much evidence as possible and have an experienced attorney who can ensure your case is successful.
What Are Your Landlord’s Responsibilities?
Your landlord has a reasonable duty of care to you as a tenant to insure you do not get injured on their premises. This means even if they’ve not directly caused an accident, if they’ve failed to prevent it they’re still liable. You would also have to prove that your landlord knew about the unsafe conditions. If you didn’t make your landlord aware, then he/she may not be liable for the injuries caused. Examples of unsafe conditions include insufficient lighting, open excavations, leaks, and uncleared snow.
One thing to note is that your agreement with your landlord may stipulate certain conditions where they’re liable/not liable, so ensure to read into this document thoroughly. Inform your landlord of any issues you have in your home as soon as possible, keeping the emails on file for future evidence.
If you’ve been injured at your home and want to learn more about premises liability, contact Franco Firm for expert advice.