Title: When a Landlord Can Be Held Liable for Tenant Injuries | AllLaw
Headings: When a Landlord Can Be Held Liable for Tenant Injuries
When a Landlord Can Be Held Liable for Tenant Injuries
In order for a tenant’s personal injury suit against a landlord to be successful, the tenant must show that the landlord’s action (or inaction) naturally and foreseeably caused the injury.
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Content: An act (or failure to act) is the proximate cause when an ordinary person could reasonably foresee that it would cause the injury in question. In a personal injury lawsuit, the court will evaluate the following factors to determine if a landlord was negligent. Control over dangerous condition. In most cases, landlords will be responsible for tenant injuries when they are legally obligated to maintain and repair the injury-causing factor. For example, if a tenant is injured after falling on a broken stair in a common area that’s supposed to be maintained by the landlord, the landlord is likely liable. Knowledge of a hidden danger. Landlords must notify tenants about dangerous conditions that aren’t obvious or are hidden, such as an uneven floor or a basement access door located under a rug. Foreseeability of accident. When a reasonable person could’ve foreseen that something could cause injury, such as a loose handrail on a stairway under the landlord’s control, the landlord must take measures to prevent injuries (for example, direct tenants to use an alternate staircase pending repairs). However, landlords won’t be held responsible for freak accidents.