Personal Injury Claim Against a Landlord: Key Things You Should Know
Landlords are expected to be responsive to their tenants’ needs. However, there are some who may be unreliable, unreachable, and uninterested in their tenants’ wellbeing. These landlords may be subject to injury claims and lawsuits.
If you are a tenant who has been injured as a result of your landlord’s negligence or you are concerned about the safety of your domicile, there are a few things you should know about filing a personal injury claim against a landlord.
What is a Landlord Responsible for?
According to the Arizona Department of Housing, a landlord must maintain a fit premise. This includes:
- Complying with applicable building codes affecting health and safety
- Making all necessary repairs to keep the premises safe
- Keeping all common areas clean and safe
- Maintaining all electrical, plumbing, heating, ventilation, and other facilities and appliances, including elevators
- Providing and maintaining receptacles for the removal of garbage
- Supplying running water
Bear in mind that landlords and tenants may agree in writing that the tenant performs certain duties or cover specific repairs, maintenance, tasks, and more. It is imperative that any tenant thoroughly read their lease, so they fully understand their responsibilities and their landlord’s.
Furthermore, such agreements are entered in good faith and not for the purpose of evading specific obligations. The agreement also does not affect the landlord’s obligation to other tenants or visitors on the property. Anyone who is a visitor to the property, even just to evaluate it before signing a lease, may be entitled to filing a claim if they are injured due to negligent, unsafe conditions.
Common Personal Injury Claims Against a Landlord in Arizona
To prove that a landlord was negligent, the tenant will have to show that the landlord could have fixed the dangerous condition but did not do so. They would also need to show that the cost of fixing the condition would have been reasonable, failing to repair the condition caused the injury, and that the injuries led to damages.
Some of the most common claims against a landlord include:
- Pool injuries or drowning
- Slip and falls
- Dog or other animal bites
- Falling items
- Illness caused by dangerous conditions
The causes of these personal injury claims against a landlord may vary and can include:
- Faulty handrails
- Dangerous stairways
- Protruding carpeting
- Poor lighting
- Exposure to dangerous conditions, such as mold and lead
Although physical injuries are the most common cause of personal injury claims against a landlord, the landlord may also be liable for criminal acts that led to losses. For example, if the landlord fails to fix a deadbolt lock or provide locks for the window and a criminal gains access, the landlord may be held liable.
If you find yourself injured on a rental property or believe the conditions are dangerous, an attorney can help you determine the landlord’s liability and burden of proof. They may use government agencies, evidence and witness statements to build a case. They can also deal with the landlord’s insurance company and fight on your behalf for the compensation you deserve.
If you have been injured as a result of negligence and would like to file a personal injury claim against a landlord, give us a call or contact us online to have your claim evaluated.