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Holding Landlords Responsible When Accidents Occur

Posted on in Personal Injury

San Jose personal injury attorneys, premises liability, premises liability claim,  California Civil Code, property ownersIf you have ever rented an apartment, either in San Jose or elsewhere, you have likely experienced occasions where your landlord failed to address potentially dangerous conditions on your property in a timely manner. When personal injuries occur as the result of this type of negligence, you may be able to hold the property owner or the management teams legally accountable for your damages through a premises liability claim.

‘Accidents’ Resulting From Premises Liability

Section 1714(a) of the California Civil Code makes it clear that property owners and managers can be held liable for injuries that occur as the result of their negligence. This may include injuries that occur as the result of dangerous conditions that the person failed to repair, as well as injuries due to the property owner failing to warn visitors.

When it comes to landlord/tenant relations, this can become a murky area. Depending on the lease you sign, the tenant may be held responsible for making certain, common repairs to their living spaces on their own and for reporting more serious conditions to a management company.

If you are injured as the result of torn carpeting in your home yet failed to alert the property manager, there is likely no way they could have known of the situation or the need for repairs.

Landlords are generally responsible for making needed repairs once they are reported, as well as for maintaining the safety of public areas. This means that you may be able to hold either your landlord or the property manager accountable for injuries, such as slips and falls or being struck by or against an object, due to the following conditions:

  • Uneven sidewalks;
  • Cluttered or debris strewn halls and walkways;
  • Inadequate lighting on paths and stairways;
  • Lack of handrails for steps and balconies;
  • Unsecured lighting or other fixtures; and
  • General disrepair, resulting in loose bricks, ceiling tiles, or other building parts.

Holding Property Owners Accountable For Security Risks

An additional type of dangerous condition that should give tenants cause for concern is the lack of security provided at apartment complexes. ABC7 News reported what is only the latest of many violent conflicts that have occurred in apartments and housing complexes in the San Jose area.

In this case, it was an armed tenant of the apartment itself who was responsible for damages. Yet if other tenants had warned the property manager of the potential danger, there could be grounds for a claim. The same holds true for properties in violence prone areas, where property owners have a duty to take the steps needed to keep tenants safe, such as installing alarms, requiring key code entrances, and hiring extra security guards.

Our San Jose Personal Injury Attorneys Are Here to Assist You

If you have been injured due to dangerous property conditions, call or contact Jachimowicz Law Group and request a consultation with our passionate San Jose personal injury attorneys. We can review the details of your situation and advise you on your rights to a claim. Get the professional legal representation you need to protect your rights, and contact our office today.








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