Landlord's Liability for Tenant's Injury
When is a Landlord Liable for a Tenant's Injury?
The landlord is liable when he acts negligently. For example, a landlord may have acted negligently by failing to fix a staircase's railing or potholes in a driveway. If someone gets hurt because of the landlord's negligence, the landlord may be held liable.
To prove landlord's negligence, the tenant must show that:
- The landlord could have fixed the dangerous condition but didn¿t
- Fixing the problem wouldn't have been expensive or difficult
- The failure to repair the dangerous condition caused the injury
- The resulting injury was serious and probable
What Kind of Damages Can a Tenant Sue a Landlord for?
A tenant can sue his landlord for:
- Medical Bills
- Lost Earnings
- Pain and Suffering
- Disability or Disfigurement
- Emotional Distress
- Property Damage
What Can a Landlord Do to Minimize Liability?
A landlord should maintain the premises he is responsible for to avoid any problems that might result in liability. Keep good records of all repairs and tenant complaints. Take care of all urgent repairs as soon as possible. Run regular quality checks on all the residences you are responsible for.
What are the Landlord's Responsibilities with Regard to Possible Lead Poisoning?
If the rental property is built prior to 1978:
- A landlord must give every tenant the EPA pamphlet, "Protect Your Family From Lead In Your Home," or a state-approved version of this pamphlet
- Both the landlord and tenant must sign an EPA-approved disclosure form proving that the landlord told the tenants about any known lead-based paint or hazards on the premises
- These disclosure forms should be kept for three years from the date that the tenancy begins
- Penalties of up to $10,000 for non-compliance with EPA regulations
Should I Consult a Lawyer about Landlord Liability?
Landlord-tenant law is very complicated and constantly undergoing changes. An experienced landlord-tenant attorney can help you identify the law that applies to your landlord-tenant relationship and represent you in court. A landlord-tenant law can also estimate your damages and help you file the necessary paperwork.
Consult a Lawyer - Present Your Case Now!
Last Modified: 06-03-2013 02:43 PM PDT
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