Common accidents like slip and falls cause serious injuries, and accident victims might seek compensation. But one question that arises is determining who is responsible for the property where you were injured. This is called liability. Liability usually depends on the type of accident and who had control of the dangerous condition that injured you.
Call our office to discuss any property-related accident. A Des Moines personal injury lawyer at Ball, Kirk & Holm, P.C. can meet to discuss where you were hurt and what you were doing. Below, we highlight the most common defendants when you are injured on rental property.
The Landlord or Property Owner
The landlord owns the property, so they are naturally a common defendant. A landlord is not always liable, but they might be if they had a duty to maintain the premises or fix defects.
For example, you might sue the landlord for:
- Accidents which happen in common areas, such as a foyer or a walkway, since the landlord is usually responsible for maintaining these areas.
- Injuries caused by hidden defects on the property, since the landlord should inspect the premises to find them and warn the tenant.
- Accidents caused by building code or safety violations, such as fire code violations.
A landlord should have property insurance to pay for injuries caused by property defects. Let us review any relevant policy to see if you are covered.
The Tenant
A tenant might be responsible for an accident if their visitor is injured. A tenant could have liability for:
- Accidents caused by hazards the tenant creates, such as loose carpets which cause a person to slip or trip.
- Any injury caused by property which the tenant has altered. For example, the tenant might have installed lights, which fall and land on a visitor.
- Attacks or bites caused by the tenant’s pets, such as a dog.
Renters might have renter’s insurance which can pay compensation to an injured visitor—or they might not. Renter’s insurance is not as common. An injured visitor might struggle to obtain fair compensation if they are hurt when a renter lacks insurance. Call our office so a Des Moines personal injury lawyer can investigate whether the tenant has the funds to pay a settlement. Sometimes it is to our client’s advantage to find a way to pin an accident on the landlord, even if the tenant was careless.
Property Management Company
Some landlords hire a property management company to maintain the property. These companies will handle yard work, repairs, and tenant complaints. Property management companies should have liability insurance, and they could be on the hook in certain situations.
As an example, some management companies provide security for their properties. They could have failed to properly train a security guard, which leads to an attack on the premises. Or the company could be liable for failing to staff sufficient security guards.
Often, however, landlords cannot get out from under their duties to the public by hiring a property management company. So you might still have a legal claim against the property owner, even where the management company was negligent.
Manufacturer of Defective Item
Your accident might stem from a defect with a product on the premises. For example, you might visit your sister and use her blow dryer after a shower, which promptly electrocutes you because of a defect. Or while staying with your cousin in her apartment, the alarm system fails to operate properly due to a defect, and an intruder enters. The manufacturer of the defective item is probably responsible.
Some furniture is also defective. Top-heavy bookcases or entertainment systems can topple and land on a small child. You might have a legal claim against the manufacturer but also the tenant for failing to secure these items to the wall.
Shared Liability
Sometimes both the landlord and tenant could share liability for an accident which injures a visitor. For example, a step might be rotted. The tenant informs the landlord, who does not make repairs. But the tenant also does not warn the visitor to watch out for the crumbling step.
In this example, both the landlord and tenant could share liability for any accident. That means both will be responsible for paying compensation to an injured victim.
What to Do After an Accident
The key for anyone injured is to document the hazard and then seek medical care. Many of our clients slip and fall due to a defect on the floor, or they are attacked because of insufficient security on the premises.
Also, if you were hurt by a product, try to preserve it, or at least ask the property owner not to throw it away until your lawyer has inspected it.
How Ball, Kirk & Holm Can Help
Our firm can:
- Review lease agreements, which can assign responsibility for the premises to either the landlord or tenant;
- Possibly visit the premises to inspect the hazard which caused your injury;
- Interview the landlord or tenant to find out more about whether they knew the hazard existed and what steps they took to fix it or warn others;
- Review your medical records, medical bills, and paystubs to calculate the full value of your claim.
We will also negotiate with the landlord, tenant, or another party to determine liability and your damages. Premises liability accidents run the full range of accidents from electrocution to falls to burns. Let’s discuss what happened and whether we can help with an accident claim.
Schedule a Free, No Risk Consultation with Our Office
Our firm maintains a thriving personal injury practice, and we have years of experience negotiating settlements for people injured in common property-related accidents. Contact us today. We can travel from our offices in Iowa City or Waterloo to meet to discuss your injuries and prognosis for getting better.
Based on what we find out, we can then discuss possible compensation in either a negotiated settlement or a personal injury lawsuit. We are available 24/7 for our clients and look forward to hearing from you.