Personal Injury Lawyers can Handle Both Sides of Rental Claims in Greenfield MA

by | Sep 3, 2015 | Personal Injury Lawyer

In most cases, a property owner may share liability for injuries that happen on the premises. Either the occupant or the landlord can be held responsible in these situations, and liability often is determined by who was (or should have been) in control of the area where the harm happened. Read on to find out more about landlord and tenant liability in personal injury cases.

Occupant Liability

A person occupying property is generally responsible for Rental Claims in Greenfield MA, regardless of ownership. The term “occupier” is usually used to refer to a commercial or residential tenant. However, even an occupant who’s there without the landlord’s knowledge can be held responsible if a judge decides they were controlling the area at the time of the injury. A tenant can face potential liability for harm occurring on parts of the place they’re renting, but on other parts of which they take control on purpose.

Landlord Liability for Injuries

If the premises is not occupied or rented out, the landlord is potentially liable under the premises liability doctrine. However, even if a tenant is on the premises, a landlord can still be held responsible in certain cases. Owners are liable for injuries occurring on parts of the property over which they retain control, such as common areas.

Landlords and property owners can be held responsible for tenants’ injuries if they rent out dangerous properties without notifying the tenant in advance. In such a case, the tenant’s injuries are the landlord’s responsibility even if the tenant is in complete control of the premises. If law or a lease doesn’t hold the landlord responsible for a dangerous condition, the tenant will be held liable. In cases where a landlord has to make repairs, but fails to do so and someone is injured, the owner is responsible for all injuries.

Property owners and landlords are usually responsible for injuries sustained by tenants while the tenant is on the premises, but there are certain cases where tenants and others can share liability. A personal injury attorney with Daniel and Fontaine LLC can recommend a course of action during Rental Claims in Greenfield MA, or they can provide legal advice to a landlord who is facing litigation. You can also visit them on Twitter for more information.

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