The Inner Workings of a Law Firm

The Inner Workings of a Law Firm

How To Win A Slip-And-Fall Injury Claim Against Your Landlord And Get Adequate Compensation

by Jo Rodriquez

Landlords owe a duty of care toward their tenants and other people who access their premises. Therefore, if you get injured because of an unsafe condition on the premises, you can sue your landlord. However, you need to build a foolproof case to win the case and get adequate compensation for your injuries. Below are three things you need to prove to win a slip-and-fall injury claim against your landlord.

Proof of Notice of the Hazard

One important element of a slip-and-fall claim is proof of notice. To win the case, you must prove your landlord was aware of the dangerous conditions. Below are some examples of unsafe conditions on rental premises:

  • Missing or broken stair rails 
  • Potholes or cracks on the exterior or interior floors
  • Loose floorboards in your apartment
  • Liquid and food spills in common areas
  • Uneven sidewalks

You need to prove that your landlord knew about these conditions in advance and failed to take steps to fix them. For example, you can provide evidence of messages asking the landlord to fix loose floorboards or damaged floors in your apartment. Previous slip-and-fall accidents by other building occupants or visitors are also proof of notice.

If the dangerous condition has existed for a while, the landlord should have been aware of it. Therefore, this is proof of negligence. Other tenants or visitors can corroborate your testimony on the existence of unsafe conditions. You can also use video surveillance to show how long the dangerous conditions have existed on the premises.

Negligence in the Accident

In slip-and-fall accident claims, the defendant may try to pin fault on the injured party. Your landlord may attempt to discredit your case by arguing that you contributed to the accident. Below are situations where an injured party can be negligent in a slip-and-fall accident.

  • Texting or talking on the phone while walking
  • Failing to adhere to warning signs posted in the dangerous area
  • Accessing a restricted part of the premises without authorization

If you are partially liable for the slip-and-fall, you will get less compensation for the damages. However, your landlord must prove that you caused the accident or were partially responsible for it.

Proof of Injury

The amount of compensation you receive depends on the extent of your injuries. Spinal injuries, traumatic brain injuries, and severe bone fractures attract higher compensation than minor scrapes and cuts. Therefore, seek extensive medical treatment so that you can identify all your injuries. Also, don't forget to account for other relevant damages, such as pain and suffering and lost wages.

A slip and fall injury claim can be complicated, especially if your landlord tries to pin fault on you. You need legal help to navigate the case and gather enough evidence against them. Therefore, contact a personal injury attorney for legal representation.


About Me

The Inner Workings of a Law Firm

We all know that lawyers are professionals who help people interpret and work with the law, but do you know how a law firm works from the inside out? I am a professional paralegal, and I have worked in both large and small law firms during my career. I can tell you that a successful law firm needs more than just lawyers to keep it running smoothly, and sometimes things can get really crazy! Take a tour through a law firm in my blog, and find out what really goes on behind the scenes of an active and successful law firm.