A Brief Look at Landlord Liability
Many different types of injuries can occur at apartments and other rental buildings. Both residents and visitors alike could sustain injury. When injuries do occur, it’s important to understand how the injury occurred and who could potentially be held responsible.
In many cases, a landlord may be to blame and could be liable for financial loss. Miami premises liability attorneys can provide help determining if a claim could be made against a landlord to recover compensation for injury losses.
When is a Landlord Responsible for Injuries on Property?
Landlords are expected to maintain a reasonably safe premises for residents and visitors alike. In most cases, landlords are expected to make repairs of fixtures such as appliances. Landlords are also expected to maintain common areas, which can include hallways, lobbies, building exteriors, and outdoor spaces around the facility.
When a landlord has a duty to maintain a part of the property, if the landlord fails to fulfill this obligation, a landlord could potentially be held responsible for any losses that occur as a result. For example, a landlord could be held liable for injuries caused by:
- A slip and fall on the stairs or sidewalk in an apartment building or other rental building if the fall is caused by unsafely narrow stair treads or a broken railing.
- Scalding injuries if a landlord has unit water heaters turned up to a dangerous level and a resident is burned.
- Injuries caused due to environmental conditions such as lead paint or mold in apartments that landlords are expected to mitigate against.
- Injuries caused by an appliance that a landlord has failed to repair, such as a stove that catches on fire after a landlord was told it was faulty and still refused to fix it.
- Injuries resulting from violence if the landlord was negligent in ensuring the safety and security of the building. For example, if a landlord was warned a tenant was selling drugs out of the apartment in violation of the lease and the law, the landlord could potentially be held accountable if a drug deal turns violent and the landlord had taken no steps to evict the dangerous tenant.
These are just a few examples of many situations where landlords could potentially be held accountable if a resident or a visitor is hurt.
There are a few key factors that are instrumental to determining whether or not a landlord will be liable. The landlord typically must either know of the dangerous condition or the condition must be one that the landlord should have known about with reasonable due diligence. The landlord must have also been negligent in failing to take reasonable steps to correct the hazard or to issue a warning about the danger, and the harm to the victim must have occurred as a direct result of the landlord’s failure.
If an injury happens inside of a rental unit and wasn’t caused by the conditions of the apartment that the landlord was responsible for, then the landlord is not to blame – and, in these circumstances, the renter could potentially be held accountable for the damage.
Miami premises liability attorneys can provide help to victims in determining who was responsible after an injury and can assist victims in pursuing a claim for compensation from the appropriate party.