Landlords And Duty Of Care
Legally, landlords have what is known as a “duty of care.” A duty of care is the responsibility of all property owners to provide safe conditions for anyone on their property. In order to determine if your landlord is responsible for your slip and fall, you have to determine if they violated their duty of care. Proving a violation can be legally complex but it is essentially built on the concept of “reasonable care.” Reasonable care means that a reasonable person would recognize that there was a hazard and would seek to fix the damage before it caused an injury.
When Your Landlord Is At Fault For Your Injuries
There are a lot of scenarios where your landlord may be at fault for your slip and fall accident injuries. Here are some things to consider to help determine whether or not they are:
● Did they know about the hazard? If there was a hazard on the property they knew about but didn’t try to fix, they are probably liable. For example, if there was a broken set of stairs and they didn’t fix the stairs or at least block them off until they could fix them and you fall, they are responsible for your injuries.
● Did they notify you about the hazard? If they notified you about the hazard, they may not be liable. For example, if the stairs were broken and they told you the stairs were broken, but you used them anyways and hurt yourself, they are probably not liable for your injuries.
● Did they try to fix the hazard? Landlords have a legal obligation to provide a safe place for their tenants. So if they knew of a hazard, even if they warned you, they need to fix the hazard in a reasonable time frame. For example if the stairs have been broken for years, and you fall and hurt yourself, they may be liable.
Ultimately, a landlord is at fault when they have failed to provide reasonable duty of care to keep the property safe. Proving this can be very legally complex, so it is important that you work with an attorney that is an expert in premises liability.
How An Attorney Can Help
Proving that your landlord was responsible for your injuries can be a challenge without the help of an attorney. A good attorney will review the circumstances behind your injury and help establish if your landlord didn’t exercise their duty of care. If the attorney believes landlord is responsible for your injuries, they will help collect the evidence you need to prove your claims. Then they will negotiate with the insurance companies to help get you compensation for your injuries.
If you are wondering if your landlord is responsible for your slip and fall injuries, contact the St. Peter’s Attorney Michael Babboni today. He offers a free case evaluation and can help you determine if you have a case. Call him today at (727) 381-9200..