By Ivy Max
Slip-and-fall incidents are seemingly unassuming incidents. Though it may sound like a simple mistake of losing traction or balance and experiencing a short fall to the floor, serious injuries can occur as a result of this type of incident. For this reason, victims of these types of accidents are entitled to compensation when the fall occurs on someone else’s property. If you happen to slip and fall in your apartment complex, you may be able to hold your landlord liable if the fall occurred outside of your unit. To learn more about whether you can pursue compensation after your accident, see the details below as provided by the personal injury attorneys at Douglas & London.
Suing Your Landlord for a Slip-and-Fall Accident
The most important aspect of a slip-and-fall incident is that it occurs on property that belongs to another individual. This is because the entire case rests on the fact that someone was guilty of negligence, and that that negligence directly resulted in your injury. Although your property does technically belong to your landlord, this does not mean that they were either guilty of negligence or, much less, that this supposed negligence caused your fall. When attempting to file a lawsuit for a slip-and-fall accident, the following must be proven.
The landlord had a duty of care toward you.
The landlord neglected their duty of care (this neglect was manifested in the form of ignoring the slip-and-fall or tripping hazard in some way).
Note: The landlord may or may not have known about the hazard, but had ample time to discover and resolve it.
If your incident was caused by a wet substance on the floor, such as spilled water, then your landlord cannot be held responsible. However, if there are unsafe conditions in the apartment that your landlord has been aware of, yet refused to resolve, you may have a case for compensation.
When You Can File a Lawsuit Against Your Landlord for a Slip-and-Fall
One example of an instance in which you can file suit for a slip-and-fall accident in your apartment is that of a leaky ceiling. If you have alerted your landlord to this leak in the past, and they refused or otherwise failed to fix the issue, the water may continue to drip onto floors and other surfaces in a way that poses a threat to your safety.
If one day, the leak becomes so bad that it creates a puddle that directly results in your slip-and-fall injury, you are entitled to compensation from your landlord. However, if you fail to notify the landlord of this leak, and there is no other way for them to be made aware of the situation, it is unlikely that you will have a successful case.
Clearly, suing a landlord for a slip-and-fall accident in your apartment is a tricky business. This can be incredibly difficult to navigate on your own, so you would do well to hire legal help. An experienced personal injury lawyer will investigate all aspects of your incident to ensure that you receive precisely the compensation you need to recover from your injuries.
