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:
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.
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.
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