Premises liability laws establish the legal responsibility of property owners, including landlords, to maintain safe conditions for visitors and tenants. For rental properties specifically, these laws require landlords to keep their properties adequately cared for and free from hazardous conditions that could cause injury. Sadly, slips and falls, preventable assaults, and other harmful incidents sometimes still occur due to the negligence of property owners or other parties. If you have been hurt in an accident on a rental property, a knowledgeable California premises liability attorney may be able to help you seek justice and compensation for your losses.
What Are the Duties Owed By Rental Property Owners to Tenants and Others?
Under California Civil Code Section 1714, rental property owners have a duty to use ordinary care to maintain their premises in reasonably safe conditions. A landlord’s duty of care extends to both tenants and their invited guests. Property owners and managers have to regularly inspect their properties for obvious and not-so-obvious dangers, fix damage as it occurs, and post adequate warnings about potential hazards to protect these individuals. If injuries occur as a result of a failure to meet these standards, the landlord may face civil liability for damages.
While the specific responsibilities of property owners may vary based on local ordinances, state statutes generally mandate certain risk-mitigating actions, including:
- Addressing slip and fall risks
- Repairing damaged structures
- Enacting proper security measures
- Maintaining safe common areas like stairways, elevators, and parking lots
- Keeping plumbing and electrical systems in working condition
- Ensuring storage areas are free of combustible materials
Who May Be Held Liable for Accidents Occurring on a Rental Property?
Premises liability cases involving rental properties can be legally complex. Due to the nature of rentals, many people and entities may be involved in the upkeep and use of the property, which may make determining liability for the accident complicated.
In many cases, the property owner may bear the bulk of the responsibility for the accident due to their duty to keep a safe premises. However, depending on the case’s circumstances, other parties may also be held liable. Potential defendants in a premises liability claim could include property management companies, negligent employees, maintenance staff or contractors, or even other tenants if their actions contributed to the dangerous condition.Â
What Difficulties Could You Face When Pursuing a Premises Liability Case for a Rental Accident?
Premises liability cases involving rental properties can present unique challenges for plaintiffs. For a successful premises liability claim, the injured individual typically needs to prove that the property owner was aware of or should have known about the dangerous condition, failed to take steps to address it in a timely manner, and that this failure to act directly led to the injury and subsequent damages. Presenting compelling evidence of the property owner’s knowledge and the timeline of their actions may require thorough investigation and evidence gathering. As evidence may be quickly cleared, fixed, or destroyed, it’s essential to take prompt action to protect your potential claim.
By being proactive and reaching out to a knowledgeable premises liability attorney as soon as as you can after your accident may help you safeguard your claim. Under California’s statute of limitations, plaintiffs typically have two years from the date of the rental property accident to file a civil suit. Unfortunately, this timeline can be shorter in some instances, such as claims involving government entities. You must make certain to file within the timeframe specified by the statute of limitations to avoid the dismissal of your case, regardless of its merit.
Even waiting a few extra weeks or months to begin your claim can significantly increase the difficulty of collecting evidence and gathering witness statements. Rental properties often see substantial traffic and may have high tenant and employee turnover rates, making it challenging to track down individuals who may have seen the accident or the hazardous condition that caused it. It can be daunting to think about legal matters when you are in pain, undergoing medical treatments, and worrying about bills and work. However, by enlisting the assistance of a skilled personal injury attorney early in the process, you can direct your energy toward what’s important in your life while knowing that your legal claim will be handled professionally and competently.
What Steps Should You Take Following a Rental Property Accident?
It’s common to feel shocked or confused in the aftermath of an accident, whether it occurred at a rental property where you reside or while visiting a friend or family member’s apartment. While it can be a frightening and upsetting experience, staying calm and taking the following actions after an injury at a rental property can help you protect your health and any future claims:
- Seek immediate medical attention for your injuries, even if they appear minor to you
- Document the accident by snapping photos or videos of the hazardous condition, surrounding scene, and your injuries
- Collect the contact information of eyewitnesses to the accident
- Report the incident to the property owner or building manager as quickly as possible and request a record of this communication
- Avoid speaking to insurance adjusters without discussing your case with an experienced premises liability lawyer first
Your first priority is to keep yourself safe and address any injuries that occured. Whether it be a slip-and-fall or another type of accident, make sure you follow the above steps.
How Can Our Firm Assist You?
Injuries stemming from a hazardous condition on a rental property can disrupt your finances, cause significant pain, and limit your ability to provide for yourself and your family. By pursuing a civil lawsuit against the liable parties, you may be able to recover compensation for medical bills, lost employment income, and the pain and suffering you experienced from your injuries.
At Nadrich Accident Injury Lawyers, we understand the nuances of premises liability laws and how they relate to rental properties. Our dedicated team can help you with every step of your case, from evidence collection to filing within the state’s deadlines to representing you in court, if necessary. Contact our firm today at 800-718-4658 to schedule your free case evaluation and learn about your legal rights and options.
Jeffrey Nadrich
Jeffrey Nadrich is a nationally-recognized California plaintiff’s personal injury attorney. He is a graduate of UC Berkeley and UC Hastings College of the Law. He has successfully represented thousands of injury clients over the last 40 years.
