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Was the item I tripped over intended to be there, and should I have been aware of it?.Proving this may work a little differently, depending on whether your injury was a slip and fall or trip and fall. If you are certain you could not have avoided the fall, you next need to prove that your landlord/ the property owner could have prevented it. Be certain you were not trespassing or in a restricted area.Make sure you exercised due care in observing where you were walking.Confirm that you were moving conscientiously and not skipping, jumping or being otherwise careless.In a personal injury claim you will want to: “Wet floor” sign stories are an example of this, because adults should be able to read and follow such warnings. The law considers all legal adults to be accountable for personal safety in most situations. In order for the property owner or landlord to be found responsible for your fall, you must prove that you are blameless. Ultimately, your lawyer will need to prove your claim of negligence.
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See the GoodCall Guide to Helping Senior Citizens Stay Safe at Home According to the National Safety Council, falls in the home most commonly occur in these areas:Įnjuris tip: Elderly tenants are more at risk for accidents and injuries from slipping and falling at home. Slip and fall accidents can result in broken bones, spinal trauma and head injuries, leaving you with costly medical bills. Injuries from falls account for more than eight million emergency room visits every year. The National Floor Safety Institute found that 50% of all accidental deaths in the home are due to injuries sustained when falling.
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For example, if your landlord failed to install proper lighting or remove obstacles from a stairway or hallway and you are injured in a fall, it is at least partially the landlord’s fault.Įvery year, thousands of people sustain injuries ranging from a minor scratch to being crippled in slip and fall accidents. Negligence on the part of property owners is often the cause of slip and fall accidents. Did the owner make reasonable efforts to warn of existing dangers?.To a certain degree (and subject to circumstance) whoever owns a property is responsible for injuries that visitors or tenants suffer.Ī number of factors are looked at to determine reasonableness when it comes to licensees and invitees: Landlord responsibility falls under the umbrella of premises liability. If you are injured or attacked while living in a rental home, you may be able to pursue a lawsuit against your landlord or apartment complex to help pay for your recovery.įor example, if a landlord fails to properly upkeep stairs and you are injured in a fall, or if an employee of the complex attacks or steals from you, your landlord could be found negligent. You should be able to go to sleep at night not worrying that a careless landlord has left you at risk for an accident or injury. As a tenant in an apartment building or rental home, you may not realize that your lease also guarantees you the right to expect a certain level of safety and security.