There must be confidence in the landlord's ability to maintain a safe rental property. The trust that is placed in them is sometimes broken, leading to potentially severe slip-and-fall accidents.
While landlords may maintain their properties to varying degrees, all New Jersey landlords are required by law to ensure that their buildings are reasonably safe for both tenants and guests. When someone is injured due to a landlord's negligence in keeping their property safe, they could be held liable for their injuries.
A New Jersey slip and fall lawyer, such as Brandon J. Broderick, can help you determine who is at fault and the steps to take to file a legal claim for compensation.
New Jersey's Slip-and-Fall Liability Laws for Landlords
If the landlord knows of any dangers in the building's common spaces or walkways that could cause a tenant or a guest to slip and fall, the landlord has an obligation under New Jersey law to fix them. Landlords may be held accountable for injuries sustained on their property if they fail to address known safety issues. Generally speaking, it is the landlord's responsibility to ensure that the common areas of the property are in a fairly safe condition for tenants. This encompasses the entire apartment complex, from the sidewalks and stairs to the gates and green spaces. In most cases, it is the landlord's duty to ensure that the walls, appliances, floors, and other fixtures in your rented unit are in safe working order.
If your landlord fails to keep your apartment in a reasonably safe state, they may be held liable for any injuries or damages you sustain as a result of a fall or other accident. Since the tenant typically has primary authority over the rented space, the landlord may not be held responsible for any injuries sustained there under certain conditions. However, as was previously stated, it is the responsibility of the landlord to fix any known dangers of the rented property. This includes making sure there are no hidden dangers on the property and doing frequent inspections to spot any potential dangers to tenants and their guests.
Unfortunately, landlords may fail to uphold these commitments, often leading to serious injury in slip and fall accidents or injuries to those people leasing or visiting the property.
Common Causes of Slip and Falls in Apartments
If maintenance is neglected, most rental buildings will quickly fall into disrepair and become dangerous. Therefore, it is the duty of landlords to inspect their properties for any signs of hazards and correct them.
As soon as a tenant notifies the landlord of a potentially dangerous issue, the landlord is required by law to address the issue within a reasonable time frame. The same holds true for potentially dangerous hazards that the landlord was aware of or should have been aware of.
Some common causes that lead to injuries include:
- Damaged stairs: Stairs that are worn, damaged, or loose might put people in danger. Handrails that are damaged or missing can also be dangerous. Stairway maintenance is normally the responsibility of the landlord.
- Flooring: a torn carpet, a laminate floor with a chip or crack, or any other flooring defect might cause people to trip and fall. The burden of these repairs typically falls on the landlord. But because of the hefty cost, a landlord may put off performing this important maintenance.
- Snow and ice removal: Landlords' responsibilities for snow and ice removal from parking lots and walkways are specified in certain lease agreements. Landlords may be held accountable for injuries sustained by tenants if they neglect to clear snow and ice from common areas throughout the winter.
- Poor lighting: Without enough lighting, renters cannot see their way around their apartments or the communal areas, increasing the risk of slips, trips, and falls. There are situations when a landlord will not allow you to put in a new light fixture because of the location. However, there are instances where the landlord will let a light bulb go out without replacing it. The landlord could be held responsible in any scenario.
- Water Leaks: Puddles caused by water leaks are a common cause of accidents. Furthermore, they are not usually the result of someone having recently scrubbed the floor. Water can pool on the ground in rental houses due to plumbing problems and pipe leaks.
Can You Sue a Landlord If You Are Hurt in a Slip and Fall Accident in New Jersey?
If you fall and sustain injuries in a New Jersey apartment or rental home, you may have legal options. In most cases, the injured party is the apartment's occupant or the tenant's invited guest. As we've seen, if you're hurt after tripping over something on your landlord's property, you may have a case. A landlord's insurance coverage protects them from financial loss in the event that they are sued by a renter or a tenant's guest. Thus, in the event that a lawsuit is filed against the landlord for negligent acts that occurred on their property, the insurance company will likely need to cover the renter's losses and injuries.
You need to remember that if you are hurt in a slip and fall accident on rented property, you may have a claim against more than one party. You might be eligible to file a personal injury claim against the building's owner, as well as any third-party property management firms employed by the building's owner. Depending on the circumstances surrounding your slip and fall injury, different parties may be held legally responsible.
To find out if you have a solid case and who you could sue for a slip and fall incident as a tenant, you should talk to a NJ slip and fall lawyer.
A New Jersey Slip and Fall Accident Lawyer May Be Able to Help
Renters who have been hurt in slip and fall accidents or other types of falls on rented property in New Jersey can rely on the knowledge and experience of the legal team at Brandon J. Broderick, Attorney at Law. Your case is important to us, and we'll help you through every step of the legal process, from determining whether you have a case to filing a lawsuit and negotiating a settlement with insurers.
Contact our New Jersey offices as soon as possible if you would like to talk with one of our NJ personal injury attorneys for a free consultation.
Injury victims from across New Jersey, from Edison to Toms River have turned to us for representation.