Georgia’s Skilled Slip and Fall Injury Attorney
Renting has its perks. One of those being that as the renter, you do not have to worry about maintenance and repairs; instead, that is taken care of by your landlord. When you pay monthly rent, you expect your landlord to take care of the grounds, make repairs inside your apartment, and ensure your safety.
When you slip and fall in your apartment complex, you may wonder if your landlord or the property management is responsible. Determining liability in a case where the lessee is injured is complicated, which is why if you suffer from a slip and fall you should speak with an attorney. While you wait for your consultation with the team at Van Sant Law, we will try to clear up confusion about landlord liability.
Premises Liability for Renters in Cumming, GA?
Landlord responsibility falls under premises liability. To a degree, anyone who manages, maintains, or owns rental property is responsible for the injuries tenants or visitors suffer.
When an attorney assesses your case, they look at specific factors, including:
- Why the injured was on the property;
- How the property was used at the time of the accident;
- Whether the injury/accident was foreseeable;
- Whether the owner took reasonable steps to prevent the injury or accident.
Slip, Trip, and Falls Inside or Around Your Apartment
When the property owner is negligent, and you fall because of that negligence, you may be entitled to compensation. For example, the owner failed to install proper lighting and because of that you tripped and fell outside of your apartment.
Slip, trip, and fall accidents can cause a variety of injuries including spinal cord injuries, brain injury, broken bones, and lacerations. These lead to medical costs, time missed at work, and numerous other damages.
According to the National Safety Council, slip and fall accidents typically occur in the following areas:
- Areas with Uneven Surfaces (including sidewalks)
Proving Fault in Your Slip and Fall Accident
Sometimes, a landlord’s insurance policy covers your injuries immediately. Other times you may need to enlist the services of an injury attorney to receive the compensation you deserve. A landlord is responsible for injuries that occur on their property under specific circumstances. These circumstances are not listed individually in the state statute, but instead, are blanketed under negligence.
To prove negligence, you must provide evidence showing:
- The owner, property manager, or landlord was aware of the potential hazard, but took no action;
- The owner, landlord, or property manager should have known and addressed the hazard;
- The landlord, property manager, or owner was directly responsible for your injuries by leaving liquid to ice, not fixing a broken staircase, or other means.
What if the Victim is At Fault?
For your landlord or property owner to be responsible for your slip and fall, you must show that you did not intentionally fall or that you are not at fault for the accident. The law considers adults capable of ensuring their safety and avoiding an accident. For example, if you see a “wet floor” sign in the lobby of your apartment complex, you would not run through the area – because a reasonable adult would know there was a risk for slipping and falling.
You must prove that you are blameless in your accident, such as confirming that you were not being reckless at the time. Therefore, you must prove that you were not running in an area where you should not run, or being careless. Also, you must show you had the right to be there. A tenant has the right to be in their apartment or in common areas for the complex, but a trespasser does not.
Lastly, you must show that you exercised due care in observing your surroundings, identifying potential risks, and avoiding them.
Who is Responsible?
Rental properties are a business. Therefore, you may have multiple parties involved in your injury. The landlord might not be the owner, because the landlord could be a management company working for the owner. Furthermore, a third party might be contracted to inspect, maintain, and repair the premises.
An attorney must review all property records, including maintenance records, and determine which parties could be responsible. Sometimes there is a single party, while other times you may have multiple defendants on your apartment slip and fall claim.
Have You Been Injured On Someone Else’s Property?
If you’ve been injured due to neglect while on someone else’s property you need to speak with an experienced
premises liability lawyer as soon as possible. Contact us online or call our office directly at 855.GA.INJURY or
404.991.5950 to schedule your free consultation.