Landlord Liability Lawyers

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Personal injury claims involving landlord liability come under the umbrella of Premises Liability and like other personal injury cases, the elements of negligence generally apply.

Who is Liable for What in the Landlord-Tenant Relationship? 

If you rent or lease, you and your landlord share the liability for that property.  Who is liable for what depends in part on who is responsible for the aspect of the property that caused the problem.  There are a few questions you must ask when accidents happen: 

What Do You Have to Show to Win a Premises Liability Case against a Landlord? 

Like other personal injury cases, you will have to show duty, damage and causation.  For example, in an a case where you were hurt by the railing on your stairs coming loose, you will have to show that the railing was under the control of the landlord and that it was his duty to keep it properly secured.  You will have to show that you actually suffered damage.  You will have to show that the damage you incurred resulted from the landlords failure to keep the railing secured. 

What Effect Does Insurance Have on the Whole Situation?

Property owners often protect themselves and their investment with property insurance.  This may mean that if your landlord is liable for damage caused to you, it will be his insurance company that compensates you for your loss, rather than the landlord himself.  So a claim against a landlord will actually be brought against his insurance company.  The insurance company will likely try to pay out the least amount of money possible.  If the insurance company recognizes that you have a valid claim they may try to settle right away.  However this may not be in your best interest because the amount they may feel obligated to pay may not be what is legally fair to you. 

What Responsibility Do Landlords Have To Stop Criminal Activity?

Landlords have a responsibility to make a reasonable effort to keep their tenants safe from crime.  This does not mean that a tenant can sue his landlord for every conceivable crime that occurs on the property, but it does mean that the landlord/property owner must protect against crime on the premises.  They must make a reasonable effort to protect their tenants from being victims of crime on the property and to prevent their tenants from committing crimes on the property.  To do this landlords are obligated to: 

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Last Modified: 06-03-2013 02:38 PM PDT

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