There are some circumstances in which a landlord could be determined liable for injuries to a tenant based on their actions or failure to act. If the landlord should reasonably have been able to foresee a danger that could cause injury, they could be held liable.
Here are some of the factors a court will consider in such a case.
- Control: How much control did the landlord have over the dangerous condition in question? Landlords have a legal obligation to maintain their properties so they are reasonably safe for use. Tenants who suffer injuries due to poor maintenance may have a claim against their landlords.
- Foreseeability: If a reasonable person would be able to predict something could cause an injury, it is the responsibility of the landlord to take appropriate action to repair the issue and prevent those injuries. For example, if there is a loose handrail, the landlord should understand the danger and repair the problem. However, if it was a freak accident that could not have been foreseen, the landlord likely will not be liable.
- Knowledge of dangers: Landlords are required to notify tenants of any dangerous conditions that may not be obvious. A failure to do so could result in them being liable for any accidents and resulting injuries.
- Danger reduction: Landlords can be held liable for accidents if simple, inexpensive precautions could have reduced or eliminated the danger. This includes painting bright stripes on unexpected steps up or down, or changing bulbs or adding lighting fixtures in dim areas.
For more information about filing a personal injury claim against a landlord after an accident, contact an experienced Bradenton, FL personal injury lawyer at Goldman, Babboni, Fernandez & Walsh.