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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When a Landlord is Negligent
Landlords’ Duty of Care When Dealing With Minor Tenants
Comparative and Contributory Fault
When a Landlord’s Behavior is Negligent Per Se
When a Landlord Doesn’t Provide a Fit and Habitable Rental
A Landlord Might Be Liable for Criminal Acts

Content: Rather, landlords should exercise reasonable care to prevent tenant injuries (except when dealing with tenants who are minors—see sidebar). Reasonable care is the amount of care an average, competent landlord would use when faced with similar circumstances. For example, a landlord who ignores a broken step for months is likely not taking reasonable measures to prevent injury to tenants. However, a landlord who routinely checks staircases and hasn’t seen or been notified of the broken step might successfully argue that his inspection met his duty of keeping the staircases safe. Landlords’ Duty of Care When Dealing With Minor Tenants
In most cases, landlords owe tenants who are children a duty that goes beyond "reasonable care." Because children are less able to appreciate risks and avoid danger, the law requires landlords to actively watch for real and potential dangers on the rental premises and take measures to protect children from those dangers. In some states, landlords must also take safety measures that account for the fact that children—even those who aren’t tenants—have a tendency to “trespass” and gravitate toward certain attractive features. For example, landlords with pools or playgrounds on their premises should anticipate that non-tenant children might sneak in to use these areas, and should take measures to protect both tenant- and non-tenant-minors alike. Of course, landlords can’t foresee all possible dangers; whether a landlord is liable for a minor’s injuries will depend on the facts of the case and whether a competent landlord would’ve anticipated the possibility of a child being harmed.