Are you experiencing an injury that occurred inside your rental home? While you may be already suffering, there could be the additional pain of trying to determine that your landlord was responsible for your injury. You may feel that there was neglect or damage to the property that caused this injury and wonder if your landlord is responsible for your injury. Our Morris County personal injury attorney can help you get to bottom of this issue while you focus on healing.
How do I know if my landlord is responsible for my injury?
Laws regarding landlord responsibility vary by state. This can additionally be defined by the particular lease agreement. In general, liability breaks down to injuries caused, and whether or not there was an accountability factor on the part of the landlord.
There are four main factors that must be proven in order to hold the landlord liable. These are duty, breach, causation, and damages. The first, duty, refers to the responsibility of the landlord to maintain or fix the condition in question. The second, breach, means that the landlord has failed to uphold the duty. The next, causation, shows that the injury itself was caused by the damage. Further, the landlords’ negligence must clearly and directly be related to causing the injury. The last, damages, simply show that the damages were caused by the landlord’s behavior or negligence.
The landlord is responsible for maintaining all private and common areas, informing of dangers or hidden dangers, providing safe premises, and not interfering with the tenant’s right to enjoy and utilize the property. For example, you have a broken back door and you use the front door. One day, when going out the front door you slip and fall. Your injuries are not directly related to the damage even though the landlord is liable for fixing the door. Now, if the broken door was being used, and fell off the hinges onto your foot, then your injuries may be the landlord’s liability. In this case, several things would be considered. You would want to prove that the landlord was notified of the damages. The expense of the repair would be considered. It would also be proven that had the repair taken place, the injury would have been avoided.
What damages can I recover for an apartment accident injury?
There are many kinds of damages that a landlord might be liable for other than injuries. The emotional distress that occurs from the injury, lost wages or loss of employment, and pain and suffering are all examples of these.
A landlord is responsible for keeping the property in great condition. As a tenant, it might be helpful to keep a careful inventory of anything that could potentially cause harm. Then, you could send requests for repairs to your landlord right away. Although it is the landlord’s responsibility to provide adequate maintenance, this is for your protection. This provides you with the ability to prevent a possible accident. And, if one should occur, the documentation to prove that the landlord was aware and liable.