As a tenant in a rental apartment, home, or commercial building, your lease contract also guarantees you the right to safety and security. Your landlord must ensure the property is leased out provided the minimum required safety and security standards to ensure every tenant is safe from potential safety risks and hazards. If you sustained a serious injury as a result of falling down the stairs within a rental, residential, or commercial property, you have the right to bring a lawsuit against the landlord to be compensated for your damages.
For instance, if you fell and got injured because a landlord failed to install functional staircases or handrails, you can sue them for their failure to fulfill their duty of honor. Likewise, if an employee working in the same property attacks and steals from you, inflicting physical harm, the landlord may be found liable.
The Basics of Premises Liability
The responsibility of the landlord falls under the category of premise liability. Whoever owns a property is responsible for any safety or security risks that tenants are subject to while living or working within that property. However, the same may be subject to different circumstances. Following an accident that occurred within a residential or commercial property, a few factors should be considered before liability could be determined. These are the same factors that influence how reasonable the personal injury claim against the landlord is. These factors include why the injured party was found within the property if they have a valid or legal basis for being there, the validity of the license or lease agreement.
Another factor to look into is whether the accident was seeable and avoidable and if the landlord took the necessary steps to contain the danger in time. Once these factors have been thoroughly examined, it sets the stage for determining fault.
Common Staircase Slips and Falls
Landlord negligence can lead to devastating staircase accidents. For instance, a poorly lit staircase may cause poor visibility, especially at night. Using the stairs in partial darkness can result in severe falls and catastrophic injuries. Similarly, a workout staircase or malfunctioning handrail poses a safety risk for all users. Worn-out carpets, mats, and slippery tiles on staircases are just as dangerous. However, older adults and young children are more susceptible to staircase slips and falls.
Overall, a fall from a defective staircase can lead to severe injuries such as broken bones, head injuries, spinal injuries. In extreme cases, a pregnant woman who falls down the stairs might suffer devastating injuries together with her baby
This post was contributed by Rod.
Determining Premises Liability
After a staircase accident, you should automatically receive compensation for your injuries from your landlord’s insurance cover. This is possible if it was evident that the landlord was indeed negligent. However, if your claim is disputed by both the landlord and the insurance company, you may want to work with an experienced premise liability lawyer. Having a legal backup is crucial in determining fault and proving that the property owner indeed failed in their duty to maintain your safety.
Get Assisted Now
Proving fault is a complex and tricky process. Dealing with ruthless insurance companies and their adjusters can be frustrating. You will need help from a solid legal team that understands these complexities and has the right expertise to navigate the tricks, arguments, and counterarguments from your opponents to secure a successful claim.