Title: Property Owner vs. Occupier Liability for Personal Injury | AllLaw
Headings: Property Owner vs. Occupier Liability for Personal Injury
Property Owner vs. Occupier Liability for Personal Injury
Most often, the occupier (tenant or occupying owner) will be held responsible for unsafe property conditions.
Free Case Evaluation
"In Nolo you can trust."
— The New York Times
Why You Can Trust Us
Featured In
Liability of the Person/Business Occupying the Property
Owner Liability for Injuries on the Property
Examples of Owner vs. Occupier Liabilty

Content: For example, common areas used by multiple tenants are legally considered under the control of the owner. To illustrate, if a tenant or other person invited onto the property is injured in a common area like a hallway or staircase, the owner (not the tenant) will probably be held liable. An owner can also be held liable if he or she rents out the property in a dangerous condition without warning the tenant. In that case, even if the tenant is in total control of the property, any injuries stemming from the previously existing dangerous condition will be the owner's responsibility. Note that if the owner tells the tenant about the dangerous condition and notifies the tenant that he or she must repair the condition as part of the lease, responsibility shifts back to the tenant. Finally, if a lease or ordinance doesn't make an owner responsible for dangerous conditions that occur while the tenant is in control of the property, the tenant will be held responsible for any injuries caused by the condition. However, if a lease, ordinance or other regulation requires the owner to repair certain conditions, or if the owner otherwise promises to fix a condition, but the condition causes an injury anyway, the owner will be liable for any injuries despite the tenant's control of the property. Learn more about a landlord's liability for a tenant's injuries. Examples of Owner vs. Occupier Liabilty
Example A: A tenant invites a guest to her apartment.