Whether you’re a tenant or visitor, if you’ve been injured on a rental property, you may wish to pursue a claim against the property owner’s insurance company. Landlords and property managers have a responsibility to provide a safe place, but when someone is injured on a property, seemingly no one wants to take blame.
To get compensation for your medical treatment and other expenses, you may need to pursue a premises liability claim against a landlord or other entity. The Riverside premises liability attorneys at The JLF Firm want you to know your legal options if a rental property’s dangerous conditions contributed to your injuries. Contact us to get started.
Who Can You Sue After an Injury on a Rental Property?
If you suffer a personal injury on a rental property, there may be four different parties that can be held responsible for your damages.
- The landlord is the most obvious party that should be held responsible for the conditions on the property. In California, the landlord is responsible for making sure the property is well-maintained.
- If a landlord retains a property management company, that company may also share some liability for the injuries.
- Employees of the landlord or the property management company may have contributed to the conditions that caused the incident. Generally, when employees create a hazardous condition that leads to an injury, their employer would be held responsible.
- Another tenant may also share liability toward the conditions that caused the incident. A tenant is generally only responsible for items within their own space, but commercial tenants often share more liability than residential tenants.
In some cases, it might be unclear who should be held responsible for injuries at a rental property. A property is required to be in a safe condition, but determining the actual entity responsible for a specific incident depends on the situation. A premises injury lawyer in California can help you determine the best way to proceed with your case.
What Do You Have to Prove in a Premises Liability Case?
If you’ve been injured on a rental property, you may have the option to seek reparations for your damages.
The first step is to consider how your injury occurred. The investigation starts with determining negligence — whether someone acted in a way that gave rise to an injury.
For example, the landlord didn’t repair the stairs, causing you to fall. Or, you may get bitten by a stray dog at your apartment complex.
A personal injury on a rental property may fall under what is known as California premises liability law. If you were injured because the landlord or another party was negligent, then you would need to prove three things:
- The landlord or their representative had a legal duty of care to keep the premises safe.
- The landlord, tenant, or property manager breached that duty. Essentially, this means that the landlord or representative was negligent in maintaining the property.
- You were harmed due to that negligence, which is known as proximate cause in legalese. This includes demonstrating your injury and showing economic or non-economic damages.
Who Pays for a Rental Property Accident Case
If the defendant is found liable for your injuries and required to pay your medical bills or other expenses, usually the defendant’s insurance company will pay those bills. When a defendant doesn’t have adequate insurance coverage, there may be other avenues to pursue to receive the compensation you deserve. Our experienced lawyers will use every option at our disposal to seek a positive outcome for you.
Get Our Premises Liability Attorneys Involved
Determining landlord liability can be complex. Insurance companies may not have your best interests in mind. After an accident at a rental property occurs, don’t speak to another party for anything besides contact information. Instead, let us preserve your case and represent you in settlement negotiations.
Our law firm understands the process of arguing for premises liability claims on rental properties. We will fight on your behalf for your right to obtain compensation.
If you or a loved one has been injured while living in or visiting a rental property, make sure you understand your rights by requesting a free consultation about your injuries. Contact our law offices at The JLF Firm to make an appointment to speak to an experienced lawyer.
FAQs About Personal Injuries on Rental Properties in California
Can I sue my landlord for pain and suffering?
Under certain conditions, a landlord can be sued for pain and suffering. An experienced personal injury lawyer can help you maximize your claim after an injury on a rental property.
How much is my personal injury case worth?
A personal injury claim depends on the unique factors of your situation. Case value is determined by the damages you experienced, such as medical bills, loss of work, and non-economic losses like pain and suffering.
Can I be evicted for suing my landlord?
In California, renters have protection when filing a personal injury lawsuit. Landlords cannot evict you for six months after you filed a lawsuit, unless you violate your lease in some way, such as by not paying rent.