While you are responsible for the safety of the inside of your apartment, your landlord is responsible for the safety of the surrounding premises. If you slip, fall, and injure yourself, you might be entitled to compensation if there are no exculpatory clauses.
Understanding Exculpatory Clauses
This is a type of clause that can lead to the landlord not being found guilty for your injuries in cases where you were negligent. For example, if you were behaving in a manner that would be considered reckless by the courts, they may waive the liability of the landlord for your slip and fall accident. The right legalese must be included in the lease and if your lease does not contain the right "magic words," you may still be able to sue for your slip and fall accident.
Considering the Landlord's Negligence
With all personal injury cases, there must be some form of negligence before you can receive compensation for your injuries. For the landlord to be responsible for your slip and fall accident, he must have caused it. For example, if there was a leak in your apartment and this created a puddle on the floor, you may be entitled to damages for the slip and fall injury.
To be entitled to damages, you must have informed the landlord about the condition of the property. Then, the landlord must have failed to repair the leak in due time. The only other situation is if the condition of the pipe were so extreme that a reasonable landlord would have repaired the pipes.
Winning a slip and fall case can be very difficult because a jury tends to assume that you should have simply been more careful when walking through a dangerous situation. However, there are some cases where there might have been no way you could have seen the hazard. If the lease includes obligations that the landlord must meet, failure to meet these obligations can be justification for litigation.
Falling Down the Stairs
Another common problem is when a tenant falls down the stairs of a common area. If there was debris left on the stairs that caused you to trip and fall, you may not be able to win the case. After all, there is no way that your landlord could have known about the debris. However, if the stairs were in disrepair for a long period and contributed to your fall, you may be entitled to compensation for your injuries.
For further information, reach out to a local slip and fall attorney.Share