At apartment complexes, landlords must ensure the safety of tenants and visitors of the property. Under certain circumstances, if conditions are unsafe, they could be held financially responsible for damages that resulted from an accident.
Part of the landlord’s duty is to conduct regular maintenance of the property and correct any issues they might find. Failure to fix dangerous environments or surroundings could lead to an accident that caused injury to a tenant or guest.
Common dangers include:
- Damaged pavement
- Loose balcony railings
- Broken banisters or stairs
- Poor lighting
- Unsupervised or poorly maintained pools
Because landlords owe tenants a duty of care, if they are aware of issues on their properties but do not address them, their negligence could be in breach of that duty. The injured party might have grounds to pursue a personal injury claim and recover compensation for expenses and losses such as medical bills, pain/suffering, and lost wages.
The Plaintiff Has the Burden of Proof
When initiating a civil action, the burden rests on the plaintiff to prove that the landlord was negligent and their carelessness resulted in an injury-causing accident. Establishing liability requires conducting a thorough investigation of the circumstances, reviewing reports, and gathering evidence from the scene.
The court will consider various factors in these types of cases, such as determining if the plaintiff was using the property as they should have been, whether the plaintiff had a lawful reason to be at the apartment complex, and whether or not the landlord took reasonable care to prevent the accident.
For a Free Consultation, Contact Bridges, Jillisky, Streng, Weller & Gullifer, LLC
Apartment accident cases are complex and require the use of various resources to establish liability. Our team has extensive experience handling personal injury claims, and we will provide compassionate and aggressive legal guidance to pursue just compensation for your expenses and losses.
To discuss your legal options with our team, call us at (937) 403-9033 or contact us online.