Laws surrounding injury on private properties can be complicated. For example, if a friend is visiting your apartment and they trip and fall on stairs that you knew needed fixed, you could be held liable for the injury. But what if you’re the one who slips and falls in your apartment?
Can you hold your landlord responsible, as the owner of the building? As with many injury claims, it depends on the specifics of the incident. Learn about injury claims at home, when you can sue your landlord as the property owner, and how a premises liability lawyer can help your case.
Slip and Fall Negligence
Every personal injury case, regardless of the specifics, relies in some way on the ability to prove negligence on the part of the defendant. In a slip and fall case in your apartment, you will need to demonstrate that in some way your landlord was negligent. Since your landlord is responsible for upkeep and repairs on your property, you’ll need to prove that there was a condition that contributed to the fall, which the landlord knew about and failed to address.
Negligent or Not?
If you trip on a loose floorboard, for example, but you never told your landlord that the board was loose, they couldn’t have known about the problem to fix it. If on the other hand, you told them about the board several times over the past two months and it was never addressed, this could be viewed as negligence on their part.
In another example, if you are walking up to your house outside, the walkway is icy and you slip and fall, could this be your landlord’s fault? This depends on a number of factors. Is the landlord responsible for snow and ice removal or are you? Is the ice new or has it been there for days? Did the landlord have any way of knowing it was there?
If your landlord was negligent, you’ll need to demonstrate it to collect damages. This means you’ll need to collect all possible evidence of the condition, and that your landlord failed to address the situation. Take pictures of the scene of the accident. Record and document your injuries—doctor’s reports are essential. If you have communications with your landlord proving that you informed them, document those communications. Above all, seek legal help.
Hiring a Premises Liability Lawyer
A qualified premises liability lawyer knows how to gather and present the evidence you’ll need to prove your injury case. There’s a good chance that the insurance company and attorneys on the other side will try to deflect blame, downplay the injury or employ any number of other tactics to avoid paying.
An experienced lawyer on your side is the means by which you can battle these tactics and get the compensation you need to cover your medical bills, lost wages and other damages you’ve suffered. If you’re in Illinois or Florida and you need help with a claim like this, Disparti Law Group is ready to help. Read about what we do, then give us a call today, and we’ll talk about the details of your case at no fee and no obligation.