Slip and Fall on a Rental Property: Who is at Fault

Aug 29, 2018
McDonald Injury Law

What happens if you slip and fall in a property you rent? Is the property owner responsible? When you’re a tenant, your landlord bears certain responsibility for ensuring that the property is as hazard-free as possible. In other words, the entire complex, including your particular unit and the common areas, must be free from conditions that may cause you or your co-tenants’ potential injuries. When you experience injuries from a slip and fall due to landlord negligence, you have the right to file a lawsuit for compensation for your injuries.

Slip and Fall on a Rental Property

Slip and falls are usually caused by dangerous conditions that exist in a tenant’s unit or by a condition present at the common area of the property. Such hazards include slippery floors, lack of lighting to brighten walkways, damaged stairs and railings, and other unsafe conditions. Weather is also a contributing factor to cause a slip and fall. If it is snowing you are in risk of a slip and fall in entryways and may slip on the ice if the common areas are not cleared properly.  If a landlord neglects failure to maintain these areas and it becomes the cause of your accident, the landlord is liable for all injuries you suffer. Proving your landlord had notice of the dangerous condition inside your apartment, town home, or duplex requires evidence. Your actions right after a fall can have a huge impact on any future legal action you decide to take.

Inspections

You don’t have a legal duty to formally notify the landlord of the dangerous condition. It’s not your responsibility to make inspections of the property and send written notices to the landlord every time you find a dangerous condition. The law says the negligence is attributable to the landlord if he fails to make regular inspections of his property to guard against dangerous conditions.

Tenant’s Rights

Tenants have the right to live in a rental property that is reasonably safe from hazards, whether permanent or temporary. This also applies to the tenants invited guests as well. After a slip and fall accident, notify the landlord of your fall as soon as possible after the accident. To file a lawsuit over a slip and fall due to a landlord’s negligence, contact a personal injury attorney who specializes in slip and fall cases. Seek medical attention immediately. If possible, take pictures of the hazard, like a cracked sidewalk. Your attorney can also advise you on other ways to document the situation, such as contacting witnesses. Personal injury attorneys will guide you through the process of establishing negligence and getting compensation for your injuries. If you suffer injuries as a result of a slip and fall at your residence caused by landlord negligence, it is imperative that you file the appropriate personal injury lawsuit against the owner of the property. At the time the injury occurs, the statute of limitations in Virginia for personal injury is two years. A slip and fall attorney can make all the difference with respect to proving a landlord’s liability and collecting monetary damages on your behalf.

We Are Here To Help

We’re standing by 24/7 to help with your case. When an experienced and dedicated personal injury attorney from Geoff McDonald & Associates takes your case, you can be assured that every opportunity for obtaining compensation for you will be fully pursued. We believe that having an aggressive law firm on your side can make all the difference.