It is quite simple to determine the liability in slip and fall cases since it comes under the premise liability. According to the premise liability law for slip and fall, “A person who is injured by falling may be entitled to monetary compensation for the injury from the owner or person in possession of the premises where the injury occurred. The liability for slip or trip and fall injuries may arise based upon a defendant’s ownership of the premises where the injury occurred, their control of the premises, or both.”
However, what if the slip and fall accident occurred in your rented apartment? Can you sue your landlord in such cases? It is to be noted that the answer depends on the circumstances, where, and why you fall. Without any doubts, you will have to prove the negligence of your landlord and its effect on your slip and fall accident in court to claim compensation for the same. In other words, you cannot file a slip and fall lawsuit against your landlord just because you slipped and fell on your rental property unless your landlord has a direct or indirect connection with your accident.
Besides, a slip and fall lawsuit will not work if you just sue your landlord because of the dangerous conditions prevailing at your rental property. Rather, you will have to prove that the landlord is responsible to maintain the property in good condition and he intentionally chose not to take necessary actions. For instance, consider the case where is a leak in your rental apartment ceiling and the water is dripping on the floor that caused your slip and fall accident. Here, a slip and fall attorney may work in two ways; whether the landlord is aware of this leakage or is responsible for the leakage.
In case your landlord is not aware of the leakage or it just started, you cannot hold your landlord legally liable for your accident. However, if the bad shape of the plumbing led to the leakage that resulted in your accident, you can hold the landlord liable even if you failed to notify him/her about the leakage. Still, the landlord can defend themselves claiming that you rented the apartment knowing about the bad condition of the plumbing.
On the other hand, you notified your landlord about the leakage in your rental apartment and he failed to fix it in a sufficient amount of time, he can be held liable for the accident. In this case, he is entitled to financially compensate your damages. Note that it is challenging to win this type of slip and fall cases. Hence, you must always rely on the services of an experienced attorney.