On the topic of landlords and their responsibility regarding tenant injuries, when can a landlord be held legally responsible for injuries a tenant sustains on a rental property? In order for a landlord to be held accountable in court for an injury that happened on the premises, the property manager or landlord must have in some way been negligent in maintaining the property. Additionally, the individual who sustained an injury must be able to demonstrate that the negligence in caring for the property is what led to the injury.
What You Must Show as an Accident Victim
All of the following elements need to be demonstrated in a premises liability case like this in Arizona.
- The landlord did not take reasonable steps to avoid the accident
- It was the landlord’s responsibility to maintain the part or all of the premises where the accident happened
- Giving adequate warnings or fixing the problem would not have been unreasonably difficult or expensive for the landlord to accomplish.
- A serious accident or injury was a likely consequence of failing to fix the problem, indicating that the accident was foreseeable
- The landlord’s failure or negligence ultimately caused the tenant’s accident
- The tenant was genuinely hurt and sustained serious injuries
What Kinds of Cases Meet These Requirements?
An example of a premises liability case in which a landlord may be held responsible for a tenant’s injuries could be for example, if the concrete steps outside the door to the property were broken and in need of repair. If a tenant fell and broke his or her ankle and sustained other injuries, the tenant may have grounds for going after the landlord in court arguing that the property should have been better cared for, and that an accident was the likely consequence of failing to fix those broken steps. Gathering evidence associated with the accident can be crucial for demonstrating your case in court under the guidance of a knowledgeable attorney.
What if I Think I Have a Case? What’s Next?
If you have been injured in an accident like this, it is important not only to get medical attention and to speak with an attorney, but also to take pictures of the property where the accident happened immediately after the incident. This is a good idea because your landlord may attempt to avoid being held accountable for the accident by fixing the problem as soon as possible. Make sure you document the situation to protect yourself and your potential legal claim.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Landlords and Their Responsibility Regarding Tenant Injuries, or any other personal injury, please feel free to contact Brian T. Allen at 480.461.5335, log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.