When someone is injured at home, especially a tenant in a rental unit, one of the first questions we often hear is, “Can I sue my landlord?” It’s a reasonable question. After all, property owners have responsibilities. But the reality is more complicated than it might seem. As your El Cajon, CA personal injury lawyer, I’ve handled countless injury claims, and cases involving tenants suing landlords are among the most carefully considered—and least frequently accepted.
Why These Cases Are Often Declined
Most injury claims against landlords are not as clear-cut as some might think. The main reason is that tenants are uniquely aware of the conditions on the property. They live with those conditions every day. If there’s a broken light fixture or a loose step, tenants usually know about it long before anyone else does—often even before the landlord.
Because of this, courts often view the tenant as partly responsible for avoiding known dangers. If a tenant continues to walk across a slippery patio they know hasn’t been maintained, that shared responsibility becomes a major factor. From a legal standpoint, if the tenant is aware of a dangerous condition and still uses the area, proving full landlord liability becomes significantly more difficult.
When Landlord Negligence Becomes A Factor
That being said, there are situations where landlord liability is clear. Some hazards are too serious to ignore. We recently took on a case involving a staircase that was both visibly deteriorated and structurally unsafe. In that situation, the danger wasn’t just apparent—it was a long-standing problem that the landlord failed to fix despite repeated complaints.
In cases like these, where the hazard is severe and the landlord had the ability and time to make repairs but did not, liability can shift. If the tenant is using the staircase as intended, and they’re injured because the structure collapses or fails, it doesn’t matter that they were aware of the problem. Some property features—like staircases or balconies—are essential to daily life. Tenants can’t just stop using them. And if the landlord allows these features to remain in dangerous condition, they may be legally responsible.
Legal Duties Of A Property Owner
Landlords have a legal obligation to maintain rental properties in a reasonably safe condition. That means staying on top of repairs, complying with building codes, and responding promptly to safety concerns. It doesn’t mean every minor issue leads to liability—but when those issues rise to the level of a serious hazard, things change.
We’ve seen situations where water damage was ignored, leading to mold and injury. We’ve seen injuries caused by broken railings or poor lighting in common areas. When landlords fail to take care of hazards they know—or should know—exist, they expose themselves to legal action.
Our Approach To These Types Of Cases
At Barry P. Goldberg, we don’t take every tenant injury case that comes through our doors. We look closely at the facts. We consider how long the hazard existed, whether the landlord had notice, and whether the tenant had reasonable options to avoid injury. Many times, the facts don’t support a lawsuit. But sometimes, the danger is so serious, and the landlord’s inaction so clear, that we step in.
We don’t believe tenants should have to live in fear of getting hurt in their own homes. But we also know the law holds both sides accountable. That’s why these cases require careful review and honest conversations.
Contact Us To Review Your Situation
If you’re a tenant who’s been injured and you believe your landlord’s negligence played a role, reach out to us. Even if we don’t take the case, we’re happy to talk it through and help you understand your legal options. Every situation is different, and it’s important to act quickly while the facts are still fresh. Call our office today for a straightforward consultation. Let’s find out if your landlord should be held accountable.
