Were you recently injured at an apartment complex in a slip and fall accident? If so, there are some legal considerations you should be making right now. Continue reading to learn what you need to know about both tenant and landlord liability in a slip and fall case, including how to protect your rights to being compensated for your damages and losses.
Slip and Fall Premise Liability
There is a legal principle known as premise liability, in which a property owner has a legal responsibility to ensure their property is safe and free of foreseeable hazards. In the case that a property owner fails to uphold this duty of care, and as a result a person is injured, they can be held legally liable for the injured victim’s damages and losses, such as hospital bills, medical expenses, lost wages, pain and suffering, and more.
When it comes to apartment and condominium complexes, the liability can shift back and forth between tenant and landlord depending on the unique circumstances of the accident, where exactly the fall occurred and the extent of the resulting injuries. For this reason, it is vital that you speak with an experienced personal injury lawyer who specializes in Indiana slip and fall claims. They can give you the proper legal guidance on the best course of action for your particular case.
A landlord can be held liable for slip, trip, and fall accidents in the case that a tenant or guest is injured. However, in order to be legally liable, the landlord must have failed to uphold their duty to keep the premises safe. For instance, if a landlord was aware of or should have been aware of a hazardous condition, but failed to do anything to resolve the problem, they can be held liable if someone is injured from that hazardous condition.
An example of a hazardous condition might be broken stair rails, malfunctioning elevator, water leaks, and similar maintenance issues that can pose serious dangers. In the case that a landlord has violated a state or city housing code, they have a higher chance of being held liable under law for any damage and losses incurred to individuals as a result of their negligence.
Overall, a landlord will likely be held liable for a slip and fall accident if:
➤ They knew about the condition;
➤ They should have known about the condition;
➤ They are the responsible party for fixing the condition;
➤ They had reasonable opportunity to resolve the condition;
➤ They failed to correct the condition before an injury occurred.
When it comes to tenants being responsible for a slip and fall accident, the circumstances surrounding the legalities are not much different from that of a landlord. The courts will look at the various aspects of the incident, including the location and circumstances of the hazardous condition, the seriousness of the injuries, and how much control each party had over the condition.
Consult With Our Indianapolis Slip and Fall Lawyers
Call Craven, Hoover, and Blazek P.C. at 317-881-2700 and learn more about slip and fall cases in Indianapolis, Indiana. Our seasoned accident attorneys are ready, willing and able to recover the full and fair compensation you deserve. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Call 317-881-2700 to schedule your consultation with an experienced Indianapolis slip and fall attorney, today. We represent persons injured as a result of someone else’s negligence throughout the State of Indiana.