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How to File a Lawsuit Against a Landlord for Personal Injury
A lawsuit against an apartment building or landlord is a type of personal injury claim contending that the landlord should be held liable for the injuries of the tenants. When you file a lawsuit against a landlord for personal injury, you are arguing that the landlord is responsible for your injuries because an unsafe condition on the rental property caused your injury. To successfully file a lawsuit against a landlord for injuries you sustain on their property, it’s necessary to prove all of the following:
- The party or person you are filing against is the owner of the property
- They did not uphold a standard of care are were negligence in the maintenance or use of the property
- Your injuries directly resulted from that negligence
Common Accidents And Injuries
A landlord’s property has an implied standard of habitability. This means that the landlord is assumed to maintain their property to a reasonably safe standard while you live there. Some common accidents that often result in significant injuries include:
- Tripping on a hidden obstacle that could have been fixed easily
- Slipping and falling on a known slippery surface that was not clearly marked
- Exposure to toxic substances
- Falling through rotted or weak floorboards
- Falling due to a faulty railing or banister
- Injuries from an unprotected elevator shaft
Remember that it is crucial to get treatment immediately following your accident, as some injuries may not become obvious until hours or even days following the incident. If you don’t seek immediate medical attention, then the landlord may argue you were not injured, or that the injury worsened because it was left untreated.
Steps Property Owners Must Take To Keep People Safe
There is a legal duty owed by landlords and apartment buildings to keep their visitors and tenants safe while on the premises. That legal duty is breached if they are aware, or should be aware of a dangerous condition, and do not:
- Correct the hazard
- Give people adequate warning regarding the hazard, i.e clearly marking the area
- Protect people from harm from the hazard
Filing A Lawsuit Against A Landlord
People who can sue landlords or apartment buildings for injuries due to negligence include:
- Tenants
- Visitors of tenants
- Trespassers
- Business visitors
In California, there are
laws regarding whether or not the landlord was able to foresee the person’s presence, meaning that if the landlord did not know there would be people in that area, i.e in the case of certain trespassers, then the case may not be able to move forwards.
It’s important to remember that the lawsuit against an apartment building or landlord must be filed before the statute of limitations expires. In California, the statute of limitations for filing such a suit is two years, and cases not filed within this timeframe may be dismissed quickly.
Contact Us Today
When you are injured, your number one priority should be recovery. Working with an experienced personal injury lawyer means that you can focus on your recovery while ensuring that all the procedures are done on time and correctly so that your case has an optimal chance of recovering what you are legally entitled to. Call the
Law Office of Ball & Yorke to consult with a top California personal injury attorney today.
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Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.