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Who Is at Fault for a Slip and Fall on Rental Property?

By December 3, 2020 December 16th, 2020 No Comments
Sidewalk Slip and Fall Accident Attorney Atlanta, GA | Ponton Law

As a lessee, your landlord owes you a duty of care. They must maintain the property in a safe condition, which includes removing or warning you of any dangerous conditions. But how far does this obligation extend? Can you seek compensation for an accident that occurs on the property?

A slip and fall on a rental property can raise questions about liability. Is the landlord to blame for your accident? Were you reckless and partially or fully to blame for your injuries?

If you are looking for answers to these questions, a Ponton Law Slip and Fall Attorney can help you.

Causes of Slip and Falls in Rental Property

A slip and fall happen when you lose your footing and fall. This is usually due to a loss of friction, which could be caused by a slippery surface or uneven floor. According to the National Safety Council, most slip and fall accidents occur in doorways, ladders, sidewalks, and staircases.

Typically, a slip and fall could be caused by one of the following conditions:

  • Loose tiles
  • Loose carpeting
  • Poor lighting
  • Presence of obstacles on floors
  • Loose cables and electric wires
  • Slippery or wet floors
  • Missing guardrails
  • Loose or missing steps on staircases
  • Potholes

 When the Landlord Is at Fault

Property owners are required by law to maintain their property in a safe condition. This responsibility is defined under premises liability law. Under its definition of negligence, a landlord can be held responsible for an accident if they:

  • Were aware of a dangerous condition on their property but took no action
  • Should have been aware of the condition and addressed it
  • Created the dangerous condition

A landlord can create a hazard, for example, by failing to fix a broken staircase.

When the Tenant Is at Fault

The landlord may not always be at fault for a slip and fall accident. In some cases, a tenant might have played a part in the accident. This includes situations where they acted recklessly, failed to heed a warning notice, or was not paying attention to their surroundings.

To receive compensation, you must show that you were not to blame for your fall. The landlord would relinquish liability if they took steps to notify you of a dangerous condition. For instance, you might not be compensated for falling on a slippery floor that was clearly labeled ‘wet floor.’

Third-Party Negligence

A rental property is essentially a business. Aside from the landlord, there might be other authority figures such as management companies and property owners. One of these people might have even employed a third-party to maintain and repair the rental property. If your case involves several parties, your attorney will work with you to determine the at-fault party.

 Talk to an Atlanta, GA Slip and Fall Attorney

The relationship between a renter and their landlord is described under premises liability law. However, there might arise situations that are specific to your case. A Ponton Law attorney can answer any questions you have about a slip and fall on rental property.

At Ponton Law, we are dedicated to protecting the rights of personal injury victims. We apply our experience and resources to help you get the compensation you deserve. If you were injured in a slip and fall, contact us today at 404-860-2454 to talk to an experienced slip and fall attorney.