Whether or not your landlord can be held liable for a slip and fall inside your rental residence depends upon two things: 1) what caused you to slip; and 2) whether or not you had informed him or her of the condition before the accident. If you are renting an apartment or house and you slip and fall on the property, can your landlord be held liable for your injuries? It depends on the specific facts of your case. Here’s what to know.
In order for your landlord to be held liable for your slip and fall accident, you must be able to prove that he or she was negligent. Put simply, the landlord must have either done something he or she shouldn’t have done or failed to do something that should have been done concerning the unsafe condition that caused your fall. Also, an unsafe condition alone isn’t enough to prove negligence; the landlord must have known or should reasonably have known about the condition.
Slip and Falls Inside Your Residence
For example, imagine that you have a leak in the roof and water is dripping onto the floor. As a result, the water creates a slippery surface and you fall and break an arm. Whether your landlord is liable for your broken arm and the associated damages depends on whether the landlord knew or should have known about the leak.
If there were no prior issues with the roof, the leak just started, and you hadn’t informed your landlord, it would be very unlikely that the landlord knew or should have known about the leak. If the landlord wasn’t aware of the leak, he or she couldn’t have fixed it and therefore most likely wouldn’t be liable.
However, if you had given the landlord notice of the leak and he or she failed to fix it, or if the leak was caused by horrible plumbing that had clearly been neglected over time and the landlord should have known of the issues, there is a good chance that the landlord could be held liable. However, there is always the possibility that a jury could rule against the tenant if the rental was in such neglect all over that the tenant should have known.
Slip and Falls in the Common Areas or Outside Your Residence
If you slip and fall outside on the property, whether your landlord is liable for your injuries also depends upon the facts and circumstances of the incident. Again, it comes down to whether the landlord was negligent or reckless. If he or she had a duty to do something and failed that duty, and you slip and fall as a result, he or she would most likely be liable. An example of this would be if your lease states that the landlord is responsible for snow removal and you slip and fall on snow that wasn’t cleared, injuring yourself. However, if your slip and fall was caused by something such as a liquid that another tenant spilled in the common area, it’s unlikely that the landlord would be held liable. But if the liquid was spilled on a portion of outdoor stairs that were already chipped or broken, it may yield a different outcome.
What to Do After a Slip and Fall Accident
If you have been injured in a slip and fall accident, it’s important to take pictures or video as soon as possible so as not to lose evidence. For example, snow that you slip on may melt quickly, leaving no trace of the true circumstances surrounding your fall. It’s also important to take pictures of any injuries and seek medical attention right away. Also, be sure to contact a knowledgeable and experienced personal injury attorney who specializes in slip and fall accidents. He or she can help you gather additional evidence for your case.
The Attorneys at Rochelle McCullough Help Those in Dallas Who Have Been Injured in a Slip and Fall Accident
When you have been the victim of a slip and fall accident, you are often faced with handling the financial ramifications that accompany it. You should not be held responsible for someone else’s negligence. You may be entitled to compensation. Be sure to speak with a qualified Texas personal injury attorney as soon as possible.
The lawyers at Rochelle McCullough help victims of slip and fall accidents to get their lives and their livelihood back on track. We will fight for your rights. To schedule a consultation, contact us today.