When Are Landlords Liable for Injuries?
by Bernard Walsh
If you’ve ever been injured on property that someone else owns, you might wonder whether the landlord is liable for your injuries. Depending on the circumstances, a landlord may be negligent in their duties—which means injured parties may be able to hold them responsible.
Premises liability is a type of negligence lawsuit. In order to hold a landlord or property manager responsible, they must have been negligent: specifically, knowing about the hazard and failing to make changes.
However, that doesn’t mean that you can hold a landlord responsible for every injury that happens on the property. A plaintiff must prove:
- The landlord was responsible for maintaining that part of the property;
- The landlord knew or should have known about the problem;
- The landlord failed to take reasonable steps to avert the accident; and
- The plaintiff suffered a serious injury/actual harm as a result.
When is a landlord not responsible?
There are a few instances in which a landlord might not be responsible for harm. For example, if the hazard was in a tenant’s apartment and they had not been notified, that would not satisfy the “knew or should have known” requirement.
Typically, landlords are responsible for hazards in public areas—although that’s not a bright line rule. You should always contact a personal injury lawyer to determine your rights.
If you’ve been involved in a premises liability accident, the seasoned Bradenton, FL premises liability lawyers at Goldman, Babboni, Fernandez, Murphy & Walsh can help. We can let you know whether the landlord or another party may be responsible. Call today for a consultation.