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Your Landlord May Be Responsible for Your Slip and Fall Accident

Posted on in Personal Injury

California accident attorney, California injury lawyerIf you rent a house or apartment and get injured due to a hazard in the premises, your landlord may be held responsible. The landlord will not always be liable, however, and there are many instances where liability is a close call. Because of the complexity of some slip and fall cases, it is recommended that a skilled personal injury attorney review your case.

What a Tenant or Visitor Must Prove

Because slip and fall cases are negligence cases, the accident victim that the landlord acted unreasonably as a property owner. It also must be proven that the landlord knew or should have known that the dangerous condition existed and failed to correct it.

Examples of Potential Landlord Liability

If the accident took place inside the rental unit, the accident victim must show that the landlord knew or should have known about the hazard. For example, maybe the condition existed before the tenant moved in. Maybe the tenants informed the landlord that a repair was needed and the landlord did not correct it or did not correct it fully.

If the hazardous condition inside the apartment was not reported to the landlord, it is unlikely that the landlord can be held responsible. Potential hazards inside a rental unit can include:

  • Bad wiring leading to electrocution;
  • A leak that causes a slipping accident;
  • Loose or nonexistent stair banisters; and
  • Loose carpets that do not lay flat.

If the slip and fall occurred outside of the four walls of the rental unit but still on the property, the landlord may also be liable. In these circumstances, a landlord is usually found that he or she should have known about the defect sooner than if the defect was inside the unit.

Potential hazards outside the rental unit can include:

  • Stairways without lights;
  • Stairways without handrails; and
  • Surfaces that get wet that have not been outfitted with anti-slip strips.

Contact a San Jose, CA Slip and Fall Attorney

There are numerous ways a renter or visitor could be injured on a rental premises due to the negligence of a landlord. However, simply because you hurt yourself in a rental unit does not mean you can sue your landlord. Call the qualified San Jose slip and fall lawyers at the Jachimowicz Law Group to at 408-246-5500 to learn about the viability of your case.

Source:

http://www.insurancejournal.com/magazines/features/2010/11/01/160324.htm

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