Liability of Landlords for Injuries on Rental Property

These days, people are suing for everything, from spilled coffee to falls in wet puddles. A landlord is particularly at risk for liability lawsuits when it comes to injuries sustained on the property, so it should be considered before you rent out.

The best defense against injury liability is proactive care, which sounds much simpler than it is. You have to be on the look-out 24/7 for problems that might result in a liability claim for injury. Having liability insurance is the first step, but it won’t protect you in all circumstances. There is a legal term called ‘Gross Negligence’ which means that if you failed to reasonably safeguard your property, and an accident ensued, you could be held liable.

Below are a few common scenarios, with an explanation of liability for injuries on rental property.

1. A landlord knows about a crack in the concrete walkway from an apartment building to the pool, but doesn’t repair it. Two months later, a tenant trips over the broken concrete and sustains a broken arm.

In this case, the landlord would probably be held liable for the injury sustained by the tenant because (1) He knew about the damage, but didn’t fix it; and (2) He did not exercise reasonable care by putting a sign next to the crack, indicating the danger of the problem. For this reason, the landlord was negligent.

2. The handrail on the second story of an apartment building is weak, and the landlord makes arrangements for a repairman to fix it the following day. That evening, a tenant leans on the handrail and falls, sustaining a broken leg.

Here, the landlord would probably be held responsible because (1) He had preexisting knowledge of the faulty handrail; and (2) No sign was posted to indicate the danger.

3. The swimming pool in an apartment complex is not manned by a lifeguard. The landlord has posted a warning sign that tells tenants that they swim at their own risk, and has also provided a list of dangerous activities that should be avoided, including running around the swimming pool. A tenant who is swimming in the pool gets out and runs toward the diving board, slipping in the process and sustaining a head injury.

In this case, the landlord has exercised all necessary precautions for tenants swimming in the pool, as well as covered legal guidelines. The tenant broke the swimming pool rules, and is therefore responsible for his or her own injury.

4. After a particularly hard rain storm, a tenant informs his landlord that a tree bordering the parking lot of the apartment complex has been damaged, and looks as though it is ready to fall. The landlord decides that the tree is fine, and does nothing to rectify the situation. Two weeks later, the tree falls on top of a parked car, totaling it.

In this case, the landlord would certainly be responsible for the damage to the car because (1) He was informed about the danger; and (2) He did nothing to warn the tenants or to repair the damage.