Can you hold your landlord responsible for your injuries if, either outside or inside, you slip and fall on their premises (and you’re renting from them)? A couple of things factor in here:
- Why you fell
- Where you fell
If your winter slip and fall accident claim is going to be successful, there must be negligence on the owner’s part. There is no liability if there is no negligence. You’re going to have to prove that your landlord/property owner was negligent in order to win your case. Just because, on their property, you fell after a slip or trip, that does not automatically mean they were negligent. In some manner, they had to have failed to prevent or even caused the slippery condition. What’s more, they aren’t assumed to be negligent just because the property is in an unsafe condition. You must be able to prove the premises were in an unsafe condition and your landlord should reasonably have known about it or knew about it.
In A Winter Slip And Fall Accident, Can A Landlord Be Held Liable?
Regarding the interior of your rental – let’s say you slip and fall because there is water dripping on the floor from a leak in the ceiling. Should your landlord have known about it? Did they already know about it?
If the landlord knew nothing about the leak – because, perhaps, you hadn’t notified them about it – there is no way they could have acted to fix it, reasonably. In this case, because they hadn’t had the opportunity to make the premises safe again, it isn’t likely they would be held liable.
If the plumbing, ceiling, etc. is in such bad shape that the landlord should automatically have known there was a leak, or if you had informed them about the leak, and you slipped and fell on water from that leak, there’s every chance they could be held liable. On the other hand, if the rental is in such deplorable condition that a water leak is the least of your concerns, a jury may well rule against you. Why? You should have known, living in such horrid conditions, that a slip and fall accident was a distinct possibility.
Overall, it will be difficult, at best, to win a slip and fall case without appropriate legal representation. Juries tend to think on the lines of, “You should have watched where you were walking.”
Rental Property Exteriors and/or Common Areas
This time let us say that, in the area from the street to the front door, you slipped on snow or ice. That property does belong to your landlord. But whose responsibility is snow and ice removal?
If you’re renting the house and, within your lease, it is stated that you are responsible for snow and ice treatment or removal, you’re the reason the snow and ice is still there – not your landlord. In this case, their liability is taken away because of what’s in the lease.
If, on the other hand, your lease distinctly states that snow and ice treatment/removal is the responsibility of your landlord, they will likely be held liable for your slip and fall.
Rather than snow and ice, let us say that you slip or trip and fall over some foreign substance that’s on the exterior stairs. Your landlord may not be held responsible for this because foreign substances are usually not an obligation for landlords to clean up. If the stairs are defective, however, you would have a better case.
Count on Corradino and Papa, LLC to Fight for Your Rights After a Slip and Fall Injury
Every year, one of the most common causes of injuries is slip and fall incidents. Injuries can be short-lived and minor, major and lengthy, or anything in between. A property owner may be held responsible for their negligence if they fail to ensure safe premises.
If you have slipped and fallen on private property, company property, rental property, etc., contact the law firm of Corradino and Papa. We will handle everything for you in a professional, expert manner. Remember, many slip and fall injuries are hard to win without knowledgeable, experienced legal representation.
For numerous other types of personal injuries, we can also offer knowledgeable, compassionate representation – we’ll fight for your rights.
Get in touch with us today for a free consultation.