In most cases, landlords are required to keep rental properties in good repair and in safe conditions. Failure to uphold this duty can result in significant injury to the victim, and lasting financial consequences for the defendant.
Here is a discussion of landlord liability for injuries to tenants on rental properties.
Negligence and the Landlord’s Duty to Their Tenants
Landlords are held liable for tenant injuries based on the legal principle of negligence, which holds people responsible for unintentional harm caused to others. To demonstrate negligence, a personal injury attorney in Murfreesboro, TN must prove that a landlord failed to meet a standard of care and that the failure caused their injuries.
The Standard of Care
In legal terms, the standard of care is a term for the amount of care, caution and attentiveness that a person should exercise under a certain set of circumstances. If the landlord fails to meet that standard, and a tenant is hurt, the landlord’s negligence means that they can be held liable for the tenant’s injuries.
Cases Involving Children
Occasionally, a landlord’s duty of care is elevated due to the fact that children are living in the rental home. Children aren’t as able to stay away from danger; therefore a landlord may have a greater duty of care in these situations.
When the Landlord Is Responsible for Harm to Tenants
When tenants are hurt on rental property, whether it’s in the unit or a common area, the landlord is not automatically held liable. Landlords are only responsible for injury caused by their failure to fulfill the duty of care, and injuries must be easily foreseen. If a tenant’s reckless or intentional behavior caused their own injury, the landlord might not be held responsible.
Physical Injuries
Landlords can be held responsible for tenants’ injuries resulting from a failure to make repairs or maintain the property. For instance, if a stair rail is defective and a tenant falls, the landlord can be held liable as long as they’ve received notice of the issue and have been given time to repair it.
Criminal Acts
Landlords can be held liable for others’ criminal acts if those acts were easily foreseeable. A personal injury attorney in Murfreesboro, TN can help clients defend themselves against allegations of negligence, and the Law Office of Gritton & Gritton PLLC can provide legal representation to injured tenants.
