How Does Being a Tenant Affect My “Premises Liability” Case.
Suppose a landlord, property owner, or property management company doesn’t adequately maintain a rental property, and you (as the tenant) are injured. In that case, they may be liable under Ohio’s premises liability laws.
For example, if they fail to maintain the steps leading to your building, they may be found negligent if you suffer a slip and fall accident while entering your residence.
Premises liability law & Ohio’s Landlord Obligation laws will usually be used to determine whether a landlord, property owner or your management company can be held liable for an injury sustained in your rental unit and subsequent compensation.
Usually, there are two distinct periods when a landlord could be held potentially liable for your injury:
- Before you take possession of the apartment – Before you take control, your landlord should inspect the property for any unsafe conditions. He then must repair any dangerous situations or conditions that should have been discovered. If your landlord fails to do this, and you are injured, he may be held liable for your injuries.
- After you possess the rental property – Once you move into the apartment, the law deems it unfair to hold the landlord liable for most interior dangerous conditions. This is usually because they don’t have the right to enter your home without your permission.
So, in most states, the landlord or management company can’t be held responsible for injuries on the premises that are caused by dangerous conditions that arose after you took possession.
However, there are two significant exceptions to this 2nd period, they are:
- If the landlord or management company had previous knowledge of these conditions and a reasonable time to repair them.
- If your injury occurred in a common area the landlord controls, such as hallways, elevators, sidewalks, etc.
Notably, these “tenant injury” types of premises liability cases are commonly legally complex to litigate and often involve multiple parties, large amounts of documentation, and more. So, if you’re an injured tenant, the help of a professional, local Dayton, or Cincinnati personal injury lawyer is mandatory.
What Is the Most Common Type of Tenant Accident?
Usually, the most common type of tenant injuries stem from slips and falls in and around their rented property. Also, negligence by the landlord or property management company is very often the cause of these accidents.
For example, a severe slip and fall injury could quickly occur if your landlord fails to remove obstacles or has inadequate lighting in a hallway or stairwell.
Thousands of tenants sustain injuries in their homes, some relatively minor. However, many are severe, and slips and falls cause yearly traumatic brain injuries (TBIs). Recent statistics show that 50% of all accidental deaths in a place of residence are due to injuries sustained by a fall.
For example, some of the most common causes of tenant slip and fall accidents are:
- Uneven flooring and wet floors.
- Loose rugs or mats and worn carpeting.
- Freshly waxed or polished floors.
- Parking lot hazards.
- Uneven or wet floors.
- Defective or icy sidewalks.
- Loose hand railings and poorly constructed staircases.
- And many more.
How Can My Lawyer and I Prove Negligence By My Landlord For My Injury?
Negligence and fault are commonly proven the same way in any slip and fall or premises liability case.
The more documentation you have, the better your chance of receiving the compensation you need to recover physically and financially.
So, you should take pictures of the accident scene, your clothes, and any bruises or injuries you sustained. If witnesses are present, attempt to get their contact information so your lawyer can contact them. Document all your medical costs and diagnosis of your injuries, and your prognosis.
It is always much more challenging to win a slip and fall case without pictures, documentation, etc., showing the condition as it was at the moment of your injury.
If you’ve had any texts, emails, etc., with your landlord concerning the hazard that caused you injury, that would usually show they knew of the problem and didn’t correct it.
Time is not on your side in these cases, so it’s also critical that you obtain a case evaluation from a qualified, experienced, and knowledgeable Dayton premises liability lawyer as soon as you can.
Could My Landlord Be Liable For My Visiting Loved One’s Injury?
The simple answer is yes, your landlord could be held liable for a visitor, friend, or loved one’s injuries. A landlord’s duties to a third party visiting you in your rental unit are very similar to the tasks they owe to your safety as a tenant. Typically, your landlord or management company could be held liable for the following:
- Injuries to your friends or loved ones, if the injury is due to dangerous conditions, the landlord knew or should have known about.
- Also, any hazardous conditions that exist in the common areas of your building, etc.
A fall, falling object, or even criminal activity takes only a split second to happen in your rental apartment or home. However, the physical pain, recovery, emotional trauma, and medical expenses can last for years or even the rest of your life.
If your landlord’s negligence caused this situation (intentional or not), your friend or loved one may be entitled to total compensation for medical bills, recovery costs, lost wages, and more.
If you’ve had a third-party injury in your rental unit, ensure you know your friends and loved ones’ rights. Consult with a professional Dayton personal injury lawyer and obtain the experienced, aggressive, and winning help you’re entitled to.
I’ve Been Injured In My Rental Unit; What Should I do?
First and foremost, get the medical attention you need as quickly as possible. Document the details of the incident as best you can, and keep records of all police reports, medical records, and all pertinent documents to your injury and its possible cause.
If your landlord’s inaction or negligence is suspected, consult with a prominent, professional, aggressive, and winning personal injury law team immediately.
The personal injury lawyers at The Attkisson Law Firm possess the empathy, experience, knowledge, and winning history to answer your concerns. They will work tirelessly and purposefully to ensure you have the total compensation you need to recover and thrive. Time is not on your side, so call them today at (937) 400-0000 and obtain a case evaluation, so you’re confident about your future and rights.
