Tenants have an expectation that the place they call home will be safe and maintained by their landlord. However, when a landlord neglects to mitigate a dangerous condition on the property that causes you harm, you may have a right to pursue legal action against them. Your safety should not be in question when harmful conditions are preventable.
A premises liability lawyer from Wolf Law PLLC can advocate for you when you file a lawsuit against your landlord for their negligence. We have the training and skill to determine when a landlord is responsible for a tenant’s injury, and we’re committed to providing you with top-tier legal services to get you the compensation you need to recover. Your well-being is our priority, and our lawyers help you get back on your feet.
When a Landlord May Be Held Liable in a Premises Liability Case
Landlords have a responsibility to tenants to ensure the buildings in which they live or visit are safe and free from dangerous conditions. If they have actual knowledge of harmful conditions on their property or should have been aware, then they could be held responsible. They owe tenants and visitors a responsibility to prevent issues within their power to ensure safe and healthy living conditions.
A few types of accidents that a landlord can be held liable for include:
- Uneven sidewalks or holes in pavement
- Broken stairs and railings
- Minimal lighting
- Minimal safety equipment
- Fences in disrepair
- Pests
- Slippery surfaces
Your Status on the Property Is Critical in Your Case
In the event of an accident, the status of the injured person in regard to premises liability law can also impact what options are available to them in a lawsuit, as the status of each group may be owed different levels of care. These groups include:
- Invitees: Individuals who are allowed on a property and share a mutually beneficial relationship with the property owner. A tenant would be an invitee, as they are allowed on the landlord’s property by way of the lease, which also benefits the landlord. Landlords owe a greater duty of care to tenants and can be held liable for not preventing hazardous conditions or not knowing about them when they should have been aware.
- Licensees: Individuals who use the property for personal benefit in shorter periods of time. They do not provide any benefit to the owner/landlord. Any person invited by and visiting a tenant would be considered a licensee. Licensees are owed less of a duty of care, and the landlord can be held liable if they had knowledge of a hazardous condition or should have reasonably known.
- Trespassers: An individual who is not authorized to be on the property is considered a trespasser. This could be someone who is not invited or wasn’t given permission by either the landlord or the tenant. In this case, a landlord does not owe a duty of care to them unless it is a child.
While the landlord has a responsibility to prevent harm, they may not be held liable automatically or for everyone. A tenant or visitor to the property still has a responsibility to be mindful of their surroundings and actions.
If they are injured because of the landlord’s actions or inactions, the victim must first demonstrate how the liability lies with the property owner before they can successfully secure compensation.
Landlords Owe Tenants a Duty of Care
When a premises liability lawsuit is filed against a landlord, the tenant must establish that they were injured due to the landlord’s negligence. As such, a premises liability lawyer will demonstrate that the landlord owed you a duty of care to fix or resolve hazardous conditions on their property.
However, by not repairing the hazardous condition in question, they failed in their duty to prevent harm. Because of this breach of their duty, your lawyer will establish that your injuries were directly caused by their negligence, and they, therefore, owe you restitution in the form of damages.
Furthermore, in the event that both parties share the causation of the accident, the state’s modified comparative negligence laws apply. According to Texas Civil Practice and Remedies Code §33.001, each party involved in the accident will receive a percentage of fault that will represent their liability. Unless an individual is responsible for more than 50% of causation, partial responsibility is not grounds for being barred from recovering damages. For those who are eligible, compensation is reduced in proportion to the percentage of fault they were assigned.
A Premises Liability Lawyer Has Your Best Interests at Heart
Premises liability lawsuits can be complex and subject to many variables that can influence the outcome of your case. Hiring a premises liability lawyer is in your best interest for a favorable result. Landlords may be liable for injuries only if negligent actions on their part were the cause of the accident.
Your lawyer will thoroughly evaluate your case to assess the details of the accident, what negligence was involved, the severity of your injuries, and what your options are as a result. They will work with you to gather evidence to support your claim and develop a solid strategy to get you results. Your lawyer will steadfastly represent you both in and out of court.
With the aid of a premises liability lawyer, you receive an advocate to fight for you and negotiate for you to receive justice and the compensation you deserve.
With the full knowledge and support of an experienced law firm behind you, landlords and their insurance and legal teams will take you seriously and be more likely to offer you a fair settlement.
Wolf Law PLLC Is Ready to Advocate for You
When your injuries are the result of your landlord failing to resolve hazards to the property you rent, you need to hire a premises liability lawyer. Wolf Law PLLC is ready to represent you and make sure you are treated fairly. Our seasoned team is committed to guiding you through the legal process so you can get the compensation you need.
Schedule a free consultation with our team today and get the attentive and aggressive representation you deserve.