When renting a property, tenants expect their landlords to maintain a safe and habitable living environment. But what happens if your landlord’s negligence leads to an injury? In Pennsylvania, tenants have legal avenues to seek compensation under the area of personal injury law known as premises liability.

We will explore this topic further in the article below, explaining when and how you can sue your landlord for negligence, what constitutes landlord liability, and the specific laws for premises liability in Pennsylvania.

For someone who has been injured and believes a landlord is responsible, contact the PA premises liability lawyers at Brandon J. Broderick, Attorney at Law today to discuss your case and find out how we can help.

Understanding Landlord Negligence in Pennsylvania

Landlord negligence occurs when a landlord fails to meet their legal obligations, resulting in unsafe conditions that cause injury. Pennsylvania law requires landlords to maintain rental properties in a reasonably safe condition, addressing issues such as structural hazards, pest infestations, or other dangers that could harm tenants or visitors.

Landlords are typically responsible for common areas, structural elements, and any conditions that could make a property unsafe. Failing to address known hazards or repair issues in a timely manner could make a landlord liable for resulting injuries.

When Can a Tenant Sue for Negligence?

Duty of Care

In Pennsylvania, landlords owe a duty of care to their tenants. This means they must take reasonable steps to maintain a safe environment. For example, landlords must ensure that staircases have secure handrails, smoke detectors are functional, and hazardous conditions like leaks or broken windows are promptly addressed.

Breach of Duty

To sue for negligence, you must show that the landlord breached their duty of care. A breach occurs when the landlord knew or should have known about a hazardous condition and failed to fix it within a reasonable time. For instance, if a landlord ignored complaints about a faulty lock that led to a burglary, this could be considered a breach.

Causation

A successful negligence claim requires proving that the landlord’s breach directly caused your injury. If you tripped over a loose floorboard the landlord failed to repair, you would need to show a direct link between the landlord’s negligence and your injury.

Damages

You must also prove that the injury you suffered caused specific damages, which can include your medical expenses, lost wages, and non-economic damages like pain and suffering.

Examples of Landlord Negligence Cases

Here are common scenarios where a landlord might be held liable for negligence:

• Slip and Falls: Failing to remove snow or ice from walkways can lead to dangerous slip-and-fall accidents.
• Fire Hazards: Inadequate smoke detectors or faulty electrical wiring can result in injuries or fatalities during a fire.
• Structural Defects: Issues like broken stairs, collapsing ceilings, or faulty railings can lead to severe injuries.
• Inadequate Security: A landlord could be held liable if they fail to provide adequate locks or lighting, leading to crimes such as assault or burglary.

Exceptions to Landlord Liability

While landlords have significant responsibilities, they are not liable for every injury that occurs on their property. For example:

• Tenant’s Own Negligence: If a tenant is injured due to their own carelessness, the landlord is generally not liable.
• Unreported Issues: Landlords cannot be held responsible for hazards they were unaware of, provided they had no reasonable way of knowing about them.
• Areas Under Tenant Control: If the injury occurs in a part of the property exclusively controlled by the tenant (e.g., inside the tenant’s apartment), the landlord may not be held responsible unless the hazard originated from their negligence.

Statute of Limitations for Premises Liability Claims in Pennsylvania

Pennsylvania law imposes a statute of limitations for filing personal injury claims, including those related to landlord negligence. You typically have two years to file a claim, with the start dating being when the injury or accident occurred. Failing to meet this deadline could result in your case being dismissed, even if it has merit.

Steps to Take After an Injury on Rental Property

Document the Hazard

You should document everything at the scene by taking photos or videos of the hazard that caused the accident and led to your injury. This evidence will be important to supporting and proving your claim.

Report the Incident

Notify your landlord of the injury in writing and request a copy of any incident report.

Seek Medical Attention

Documenting your injuries through medical records is important for establishing damages.

Consult an Attorney

Landlord negligence cases can be complex. An experienced premises liability lawyer can help you evaluate your case and gather the necessary evidence. They can also help you determine the strength of your case, negotiate settlements, and advocate for you in court if necessary.

Call Brandon J. Broderick for Legal Help

Navigating Pennsylvania premises liability claims can be challenging. Fortunately, you don't need to do it alone. The experienced premises liability lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.