Landlord Safety Liability for Tenant Injuries

Property owners take a risk each day that they are leasing a property to tenants because it is possible that their tenant can become injured while living in the rented property. Landlord safety liability is typically noted in the rental agreement and should be read by the tenant signing the agreement. there are times when the landlord is held liable for a tenant injury on their rented property but the landlord must have been negligent in maintaining the property, which led to the injury of the tenant.

Is the Landlord Liable?

If a tenant has been injured on the property owned by a landlord the landlord is deemed liable by the following:

• It was the landlord's responsibility to maintain the area of the property that caused the tenant an injury.
• The landlord failed to take reasonable steps to avoid the accident.
• Fixing the problem or providing warning to the tenant wouldn’t have been unreasonably expensive.
• A serious injury was foreseeable if the problem was not fixed.
• The landlord's failure -- his negligence -- caused the tenant's accident.
• The tenant was genuinely hurt.

Beware of Dangerous Areas

When a tenant moves into a new property he or she should examine the area for any dangerous spots in the living unit or in the common areas of the property. If the tenant notices danger spots he or she should contact the landlord immediately to have them fixed. Also, if the landlord has posted warning signs about certain danger zones the tenant should heed those warnings and avoid the spots altogether.

Protecting the Tenant

The tenant can protect oneself by hiring a building an inspector prior to signing a rental agreement to make sure that there aren’t any spots that can injure the tenant. The tenant can also have their attorney look at the property to make sure that it is safe for the tenant to live.

Proving an Injury

Proving that a tenant has been injured due to the liability or the negligence of the landlord is tough to do but with the help of an attorney it can be done. The tenant will need to prove the following if he or she broke a foot or an ankle on the property:

• It was the landlord's responsibility to maintain the steps because they are part of the common area.
• The landlord failed to take measures to maintain the steps that have been broken for days or weeks, not five minutes.
• A repair would have been easy or inexpensive.
• The accident that occurred was foreseeable to the tenant and the landlord.
• The broken step caused the injury and not a car accident or an accident in the private living unit.
• The tenant is really hurt and can prove the injury via x-rays or a doctor’s note.

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