When you rent a home or apartment, you expect a safe place to live. But what happens when you’re injured because of a dangerous condition on the property? Many tenants wonder whether their landlord can be held responsible.
The short answer is yes, landlords can be liable for tenant injuries under certain circumstances. At Goldberg Injury Lawyers, we help injured tenants understand their rights and pursue compensation when property owners fail to maintain safe conditions.
When Property Owners Have A Legal Duty
California law requires landlords to maintain rental properties in a habitable condition. This means keeping the premises reasonably safe and addressing known hazards that could harm tenants.
Property owners must:
- Repair structural defects like broken stairs or railings
- Fix plumbing and electrical problems
- Address pest infestations
- Maintain common areas such as hallways, parking lots, and pools
- Ensure proper lighting in shared spaces
- Keep walkways clear of debris and hazards
When landlords neglect these responsibilities, they can be held accountable for resulting injuries.
Proving Landlord Liability
To succeed in a premises liability claim against a landlord, you need to establish several elements. The property owner must have known about the dangerous condition, or reasonably should have known about it. This is often the most challenging part of these cases.
Let’s say you slip and fall on a broken step. If you reported the damage to your landlord weeks ago and they ignored it, that creates liability. If the step just broke moments before your fall and the landlord had no opportunity to learn about it, proving fault becomes more difficult.
You also need to show that the landlord failed to repair the hazard or warn you about it within a reasonable timeframe. What counts as “reasonable” depends on the severity of the danger. A collapsed balcony railing requires immediate attention, while a minor cosmetic issue might not.
Finally, you must demonstrate that the hazardous condition directly caused your injury. Medical records, photographs of the scene, and witness statements all help build this connection.
Common Rental Property Injuries
We see tenant injuries from various property defects. Some of the most frequent include:
- Slip and falls from wet floors, torn carpeting, or icy walkways
- Trips over uneven surfaces or poor lighting
- Injuries from falling objects due to inadequate storage or shelving
- Burns or electrical shocks from faulty wiring
- Injuries from dog attacks when landlords knew about aggressive animals
- Carbon monoxide poisoning from defective heating systems
- Assaults in properties with inadequate security
Each situation requires careful evaluation. As a Simi Valley personal injury lawyer, we examine the specific facts of your case to determine whether the landlord breached their duty of care.
What About Your Own Actions?
California follows a comparative negligence system. This means your compensation may be reduced if you share some blame for the accident. If you ignored warning signs or used the property in an obviously dangerous way, this affects your recovery.
However, don’t assume you’re at fault just because you were present when the injury occurred. Insurance companies often try to shift blame onto injured tenants to avoid paying claims. We push back against these tactics and fight for the compensation you deserve.
Types Of Damages Available
If you can prove landlord liability, you may recover several types of damages. Medical expenses form the foundation of most claims, including hospital bills, prescriptions, physical therapy, and future treatment costs.
Lost wages matter too. If your injury kept you out of work or limited your earning capacity, you can seek compensation for that income loss.
Pain and suffering damages account for the physical discomfort and emotional distress caused by your injury. These are often substantial in cases involving serious or permanent injuries.
Property damage may also apply if your belongings were damaged in the incident.
Steps To Take After An Injury
If you’re injured on rental property, take action quickly. Seek medical attention immediately, even if the injury seems minor. Some conditions worsen over time, and gaps in treatment hurt your claim.
Document everything. Take photos of the hazard that caused your injury, your visible injuries, and the surrounding area. Get contact information from anyone who witnessed the incident.
Report the injury to your landlord in writing. Keep copies of all correspondence. This creates a paper trail showing you notified them of the problem.
Keep all medical records, bills, and receipts related to your injury. Track missed work days and any other expenses stemming from the accident.
Avoid giving recorded statements to insurance adjusters before speaking with an attorney. They may use your words against you to minimize your claim.
How We Help Injured Tenants
At Goldberg Injury Lawyers, we investigate the circumstances of your injury, gather evidence to support your claim, and handle all communication with insurance companies. As your Simi Valley personal injury lawyer, we negotiate for fair compensation and take your case to trial if necessary.
We work on a contingency fee basis, which means you pay nothing unless we recover compensation for you. This allows injured tenants to pursue justice without worrying about upfront legal costs.
If you’ve been injured on rental property due to your landlord’s negligence, contact us to discuss your situation. We’ll review the facts of your case and explain your legal options moving forward.