When a landlord or property owner’s action or lack of action causes an unsafe situation which in turn causes an injury, you may have grounds for a personal injury claim. Apartment property owners and operators are not liable for all tenant injuries, but they are when they can be found to be negligent in their actions. If you’ve been injured at an apartment building or complex, it’s in your best interest to consult with a personal injury lawyer who specializes in premises liability to discuss your case. If you have a claim, you are entitled to compensation for your medical bills, lost wages and other losses.
Common Apartment Accidents
There are several common types of accidents that tend to occur at apartment buildings due to negligence:
Slip and fall accidents
Poor lighting and poor maintenance can cause hazardous conditions, especially in stairwells, hallways and parking lots. Property owners have a duty to maintain their property in a safe manner and can be liable for damages if accidents or injuries happen on their premises or property.
Improper snow and ice removal
In cold weather climates like New Jersey and New York, snow and ice can build up and cause significant dangers on sidewalks and parking lots in apartment buildings. Poor maintenance practices after a storm or when ice builds up in freezing weather can lead to injuries when victims slip and fall resulting in serious injuries.
Swimming pool accidents
Swimming pools pose hazards for swimmers as well as passers-by. Swimming pools should have a fence around them, often with a locking gate. And, apartment complexes should warn anyone walking by that the ground could be slippery.
Unsafe and inadequate building security
If someone breaks in (or simply walks in through an unlocked door) and assaults or kills someone inside the building, that person may have a premises liability case against the building owner if it can be shown that the building owner did not take reasonable steps to secure the building. If someone is a victim of a violent crime while on a residential or commercial property, they may be able to file a lawsuit on the grounds of negligent security.
Proving Negligence in a Lawsuit Against Your Landlord
In order to file a lawsuit against your landlord, the victim must be able to prove that the property owner or operator was negligent in his or her ownership or maintenance of the property. Simply because you were injured does not mean that the property owner was negligent. You must prove that the property owner knew or reasonably should have known that the property was in an unsafe condition, and still failed to take proper steps to remedy the situation.
The injured person must prove that the landlord or property owner acted negligently by failing to do one of the following:
- Maintain the property in a safe condition;
- Correct a known hazard; or/and
- Warn the plaintiff of the hazard.
It's possible that the landlord did not know about the hazard. In this case, you must also show that the property owner should have known.
Compensation for Your Injuries
In a personal injury claim or lawsuit, you will also account for your damages to compensate for your losses. Compensation covers a victims’ injuries for both economic (monetary) and non-monetary losses such as:
- Medical expenses related to the treatment of the injury;
- Non-medical expenses because of the accident or injury, from medical devices to transportation to medical appointments;
- Lost income, both past and future,;
- The victim’s pain, suffering, and diminished quality of life resulting from the injuries
All cases are unique, and the value of your claim will depend on the facts and circumstances involved. A seasoned premises liability lawyer will pursue the maximum compensation possible for all damages resulting from the injury.
Brandon J. Broderick, Attorney at Law, Premises Liability Lawyers
If you or a loved one have been injured in an accident at an apartment building, contact Brandon J. Broderick, Attorney at Law and speak with one our skilled attorneys as soon as possible. Our firm has an in-depth knowledge of personal injury laws, we have extensive experience in successfully representing a wide range of premises liability cases, and we pride ourselves in being able to provide clients with the passionate representation they deserve. Contact us today for a free consultation.