If you have you been injured on a property that you are renting, you may wonder whether you have a personal injury case against them. Will any personal injury lawyers take your case? It's a tricky question. In general, the laws in most states are written to protect landlords from injury claims by tenants. When you rent a property to live in, you are considered as if you were the owner when it comes to most injuries sustained on the property. You are, after all, the one who is responsible for the property's upkeep to a large degree. If you injure yourself because of something you did or did not do in the care of the property, which is often the case, you cannot sue the landlord for it. You created the conditions that led to the injury.
However, this does not mean you can never sue your landlord for an injury sustained on their property. Landlords do have certain responsibilities toward their tenants, and if your landlord ignored one or more of these responsibilities and it led to an injury, you very probably have a case. Any injury that is the fault of negligence from the landlord can qualify for a lawsuit, even something minor like a sprained ankle. Illnesses caused by unsafe living conditions in the house also count as injuries if those conditions were known by the landlord and not fixed.
According to RealEstate.FindLaw.com, here are some of the conditions that may lead to the landlord being responsible for your injury and therefore subject to a personal injury lawsuit from you:
1. The Landlord Knew of a Hidden Hazard on the Property
It is the landlord's responsibility to keep the property in a safe and livable condition for the tenants. If there is a hidden hazard on the property that could cause an injury and the landlord did not tell you about it or fix it, you can sue if you do get injured because of it.
Hidden hazards can be anything that's not obvious to you, but that can hurt you if you come across it. Examples of hidden hazards include:
If the landlord knew about it, you should have been told so you could have avoided it. The landlord also needed to fix it before or shortly after you moved in, if it was something that was able to be fixed.
2. The Landlord Does Not Keep the Property In Liveable Condition
If the property is rundown and not suitable for humans, it is the responsibility of the landlord to fix it up. A number of conditions could make the property unlivable and cause you injury. For example, if the property is infested with insects or rodents like roaches or mice, you might contract an illness or get bitten by being around these creatures. If the landlord knows about the situation and won't fix it, you can sue if you are injured because of it.
Another example is if there is something wrong with the structure of the house, such as a cracked foundation or a hole in the roof. These things can create dangerous conditions for the occupants of the house. Again, the landlord must fix these things. If they are not fixed and you get injured as a result, you may have a lawsuit. Ask your personal injury attorney to be sure, as laws can vary from place to place.
3. The Landlord Won't Fix the Plumbing or Electricity
You can get sick or injured due to faulty plumbing or wiring in a house. Bad pipes lead to bad water, which can cause illness. Bad wiring can cause serious injury, especially to children. These are things that are the landlord's responsibility to maintain, and if they do not, you can bring a lawsuit.
The only exception to these rules is if you are the one who caused the infestation, unlivable conditions, or plumbing or electricity problem. If you caused the problem, you are the one responsible for fixing it, and for any injury you or someone else in the house receives because of it.
Be sure you aren't the reason for the problem before contacting an attorney to start a lawsuit. If you are sure it is the landlord's fault and that the landlord knowingly did not fix things, call and attorney and get the personal injury claim rolling. Click here to be directed to a law firm.Share
12 February 2015
Too many single people assume they don't need to plan their estate. My brother fell into this category, and his unexpected passing left our entire family struggling to deal with his home, belongings, and financial accounts. It took nearly three years for the courts to set up a deal because he left no paperwork detailing how he wanted his estate divided. The situation immediately convinced me to work on my own estate, even though I'm still in my early 30's and don't have children or a spouse to worry about. Since it's a little harder to pick beneficiaries and estate managers when you're single, I collected the resources I used for making my own decisions and decided to publish them here on my blog. Use these resources before talking to an estate planning attorney so you're prepared for making hard decisions.