Premises liability refers to a situation where someone gets injured on someone else’s property. The property owner or primary residents are usually responsible, dependent on the specific circumstances of the fall. For example, if you’re hosting a party and someone gets injured on your property, you might be at fault if it can be shown that you didn’t take appropriate steps to provide a safe environment.
But what if it’s you that falls in your own apartment complex? Can your landlord be held responsible for your injury? Learn how liability applies to slip-and-fall accidents in your own apartment complex, and why you should talk to a premises liability lawyer.
Slip and fall accidents can be tricky things. In general, we all have a general duty of care under the law not to act in a reckless manner that would put someone else in danger. This means that property owners, or the primary residents of those properties, are responsible for keeping the place safe and avoid dangerous things like ice, slippery spills, loose carpet and floorboards, the dangers of falling objects and the like.
If the situations can’t be repaired, the property resident is required to warn visitors of the danger so they can avoid it. If the situation persists, is not addressed or repaired, and no warnings are issued, this is called negligence and it’s the primary reason injury damages are awarded.
In Your Apartment Complex
Injuries in your apartment complex are really tricky things. If there’s a circumstance that leads to injury in your apartment, you could be held liable. For example, if you’ve got friends over, and one of them steps on a nail sticking up from the kitchen floor, it could be held as your fault if you knew it was there and didn’t warn them.
For your landlord to be held responsible, they must know about the danger, fail to address the situation in a timely manner, and it must be their responsibility. All three of these factors must be in place for negligence to be shown.
Premises Liability Lawyer
For example, let’s say that the banister on the staircase in your building is loose. You’re climbing the stairs and it gives way, causing you to fall and hurt yourself. Did your landlord know it was loose? Did they have enough time to address the problem, or were they only told about it a couple hours ago? Finally, is there a clause in your lease that holds the tenants responsible for interior maintenance (unlikely, in this case)?
If the landlord knew the banister was there, has had ample time to fix it, and it’s not your responsibility to upkeep the facility, then there is a case for negligence there, and you may be entitled to damages. However, you’ll need the services of a premises liability lawyer.
Insurance companies will try all sorts of schemes and tactics to get out of paying injury claims, and you need someone who knows how to prove negligence and who can fight for your rights to the bitter end. If you are suffering from an accident that wasn’t your fault, don’t let insurance companies prolong that suffering. Contact Braker White for a free case consultation today.