Fall Liability Issues in Rental Properties

Liability for fall injuries follows the same guidelines as other personal injury claims: it must be established that a duty of care was breached which caused the injury. However, this is not always as easy to prove as one may think, particularly when it comes to rental properties. West Palm Beach slip and fall lawyer Jessica Mishali will work diligently to help a client who is a victim in a rental property fall, but owner/manager liability must be provable.

Rental properties can be dangerous places. Just stairway falls alone account for the deaths of 12,000 nationwide each year (National Safety Council). Many thousands of people are injured in falls annually which are caused by a host of factors. A child may leave a toy on a dark stair or on the carpet. Construction work may collapse. Stairs or floor boards may become loose. Lighting may be insufficient.

Complicating matters is that while occupants have some control over the inside of their rental, the common areas are quite another matter. They are very much at the mercy of the property manager/owner and neighbors to make sure these areas are kept free of debris and are properly maintained.

When West Palm Beach slip and fall lawyer Jessica Mishali takes a rental property fall case, he must determine whether a tenant or the landlord/owner is at fault. This can be much more difficult than one may imagine. If, for instance, a guest falls inside your dwelling because your child left a toy in the way, you may be liable for any injuries. On the other hand, if your guest falls because of a loose stair inside your apartment, the owner would likely be held liable. However, if the stair was broken in a fight with a spouse and the landlord/owner was not notified, you may be liable.

Common areas are usually easier to assess, but not always. Generally the owner is liable for a fall due to any issue with property maintenance. However, if, for instance, the lighting over a common stair just burned out and the owner was not notified, it may be difficult to find him liable for a resultant injury. This is because the owner must have adequate time to repair damage.

If you are injured in a rental property fall, and someone else can be deemed liable, you may be able to gain compensation for medical bills, loss of wages while recuperating, pain, suffering, and more. Call West Palm Beach slip and fall lawyer Jessica Mishali for a consultation today at (561) 833-2772.