Home Premises Liability Rental Property Accident

Santa Ana Rental Property Accident Attorneys

What Landlords/Property Owners Are Responsible For

Accidents that occur on a rental property may be the result of a negligent landlord failing to provide adequate safety accommodations. It’s important to understand your rights so you know when a landlord is liable for an accident you have had on a rental property.

Anyone who owns, possesses or controls property in California (commonly a landlord) owes a duty of care under the law of premises liability to:

  1. Maintain their property in a reasonably safe condition, and
  2. To advise guests of dangers that may not be obvious

This means they have a legal obligation to keep the premises safe. In order to fulfill this duty of care, property owners must exercise reasonable attention to maintain and inspect the property while repairing any dangerous conditions and/or providing adequate warning of dangerous conditions.

Premises liability is crucial in ensuring landlords provide adequate accommodations for both their residential and commercial tenants and do not attempt to avoid costs by cutting corners when it comes to safe accommodations. This is commonly known as a right to “habitability of residences.”

If a landlord fails to meet this duty of care, they may be liable for injuries that occur on the property and the injured party may have a personal injury claim against the property owner for damages.

Back to Top

Common Accidents as a Result of Landlord Negligence

While accidents occur in many forms, some of the more common examples of accidents as a result of landlord negligence are described below:

  1. Slips and falls are among the more common examples of premises liability accidents. Commonly, these result from leaks, uneven floors, broken railings, loose carpeting and uncovered cables.
  2. Accidents on the stairs are also a common injury and can be caused by broken steps, broken handrails and rotting wood.
  3. Simple home accidents may also result in landlord liability. Common examples of this injury include burns, electric shock, inhalation injuries and failing trees.

Back to Top

How To Determine if Your Accident Was Due to Landlord Negligence

In order to establish a claim for personal injury as a result of a rental property accident, you need to prove:

  1. That your landlord had a duty of care. This is established by proving they owned, leased, occupied or controlled the property at the time of the accident.
  2. That they breached this duty of care. This is established by showing negligence on the landlord’s behalf.
  3. Connection/proximate cause resulting in injury. This involves showing you were injured as a result of the landlord's negligence, i.e., this negligence was a substantial factor in causing you harm.

Back to Top

How a Lawyer Can Help

Under this liability claim an injured party can seek damages for both their financial and noneconomic losses caused by the accident. Common examples of financial damages include medical bills, lost wages and property damage while some noneconomic damages can be for pain and suffering, scarring and disfigurement.

The amount of compensation you can recover depends on your individual circumstances, including factors like the extent of injury and the amount of negligence involved.

Employing a lawyer to aid you in establishing the above factors gives you the best chance of a successful suit against your landlord and recovering the maximum amount of compensation possible.

The Santa Ana premises liability lawyers at HN Injury Lawyers can support you through this process and work alongside you to achieve justice for the injury you have suffered. Call us today at (657) 333-5726.

Back to Top