A landlord is not always responsible for the injuries suffered on their property, but there are a few situations in which they can be held liable for the harm caused. Simply getting injured on the property is often not enough to build a case on, but if you can show that a landlord was neglectful, you may be able to pursue compensation. A Memphis premises liability lawyer can help you hold that negligent landlord accountable.
What Do I Have to Do to Hold My Landlord Responsible?
You need to show a few things with your case in order to hold a landlord responsible for injuries caused. The first step is showing that your landlord owed you a “duty of care.” The landlord certainly owes a duty of care to a tenant since they are inviting them to live there by signing a lease. There should be an understanding that the property is safe.
Then we have to look at the unsafe condition that caused the injury and ask some questions:
- Did the landlord know about this hazard?
- Should they have reasonably known about this hazard?
- Could they have fixed this hazard without being unjustly burdened?
- Was ignoring this hazard and not fixing it a breach of their duty of care?
If the answer to some of those questions is yes, then we have a premises liability case on our hands.
What Are Common Types of Injury Cases Brought Against Landlords?
We have built cases against landlords for many different types of injuries. Landlords can potentially be held responsible for:
- Falls due to a poorly maintained or icy walkway
- Dangerous stairways with missing railings or stairs
- Poor lighting
- Sickness due to mold
- A lack of security that causes a dangerous situation for tenants
If there is something about a landlord’s property that is not safe or up to code, they know it, and they do not fix it, they can and should be held liable when someone suffers an injury.
How Can an Attorney Help?
You are not required to hire an attorney when pursuing a personal injury case, but an experienced premises liability lawyer can do a lot to help you with a case against your landlord. They can:
Calculate fair compensation: Your attorney can make sure that you are getting a settlement that adequately compensates you for your injuries and what you have experienced.
Gather evidence: Your lawyer can gather any evidence needed to make your case and hold your landlord accountable.
File your case before the statute of limitations expires: You do not have an unlimited amount of time to begin the legal process. Tennessee gives you just one year to file a personal injury suit, but if you act fast your lawyer will do their best to ensure that you do not miss your chance to pursue compensation.
If you are ready to learn more about how a lawyer can help you build a case against your landlord, contact Ballin, Ballin & Fishman, PC. We can offer you a free case consultation and more information about your legal options.
