You’re walking up the stairs in your apartment complex, there’s a loose floorboard, loose carpet or another hazard there, and you trip and fall. The danger should’ve been addressed and wasn’t. Can you sue your landlord for the damages you suffer? After all, if someone gets hurt in your home, they can try to hold you accountable.
The answer to this question is that sometimes you can hold your landlord liable, but it depends on a number of factors. Learn about the situations where you can hold your landlord responsible if you fall in your apartment complex, and why you should get help from a premises liability lawyer.
Slip and Fall Accidents
When pursuing compensation for damages suffered in a slip and fall accident, the entire case hinges upon negligence. What this means is that someone acted (or failed to act) in such a way as to be counter to what a reasonable and responsible person would do and that action or failure to act resulted in an injury.
We all have a duty of care to other people, and in terms of the property we own or inhabit, that means we have to keep a relatively safe environment for visitors and guests. If we fail to do so, we can be held liable for accidents on the premises.
In the case of you slipping or tripping and falling in your apartment complex, you’ll need to demonstrate that it was your landlord who was negligent in addressing the situation. Let’s assume the case of the loose floorboard mentioned earlier. Here are some questions to ask:
- How long has the floorboard been loose?
- Did your landlord know about the problem?
- Were there warning signs?
- Is it your landlord’s responsibility to address the issue?
If the floorboard just came loose that day, it’s unlikely that your landlord has yet been notified, or had the opportunity to fix it. If the landlord has known about it for a month, on the other hand, it should’ve been addressed, and at least a warning sign posted in the meantime. Finally, in situations like a co-op, it might actually fall upon the residents to keep the place in proper repair.
In order for the landlord to be negligent, they must be responsible for addressing the situation, have known about the danger, had ample time to address the situation, and have failed to do so. If this is the case, you may be eligible for compensation.
Nashville Premises Liability Lawyer
Since it can be so tricky to determine if the qualifications for responsibility exist, it’s often necessary for injured parties to secure the services of a qualified premises liability lawyer. A lawyer can help you review your case and determine what compensation you are eligible to receive, then help you take the steps to get there.
If you’re in the Nashville area and need help with your premises liability injury case, we’re ready to help. Call Mitch Grissim & Associates for a free case evaluation and help today!