As a tenant, you can reasonably expect your landlord to take care of the property in which you reside. What happens when their duties are neglected, and you are injured as a result? Whether you were injured inside or outside the property, can you hold your landlord responsible for your injuries? Keep reading to learn the basics of a slip-and-fall claim on rented property.
What Should I Do If I Slip and Fall on Property I Rent?
- Take a deep breath and relax. Remain still as you orient yourself, and take note of your body. If you feel you can get up, do so slowly- you don’t want to fall again!
- Seek medical attention. Go to the doctor if you have any immediate injuries, but also be vigilant of anything that hurts in the subsequent days, as certain injuries may not be apparent until later.
- Inspect the area. Take a look at the area where you fell. Was there broken tile, wet floor, uneven carpet, or any other obstruction or hazard? Take photos while you are still at the scene, especially if there is snow or ice that contributed to the fall.
- DO NOT speak to an insurance company. You should refrain from making a statement to an insurance company without first speaking to an attorney who understands premises liability.
Understanding Premises Liability
In Kentucky, landlords have a duty to fix any problems in common areas, which are not exclusively used by the tenant, including stairways, hallways, parking lots, and foyers.
In order to be successful with a slip and fall claim, you must prove that not only was there an area in disrepair, but that the landlord knew, or should have known, about the poor condition of the area. Keep in mind only tenants can sue under premises liability, so visiting friends or family do not count.
On the other hand, landlords are less liable for rented areas the tenant has exclusive control over, though there are a few exceptions.
Proving Liability: What Types of Evidence?
To win your case, you will want to keep track of evidence such as:
- Take pictures of everything – your clothes, bruises, and injuries immediately after the incident. If there was snow or ice, you’ll want to get those images quickly.
- Written communication indicating a repair or maintenance was needed.
Reach Out to the Experienced Slip-and-Fall Practitioners at Kaiman & Crahan, PLLC
As a tenant, you have a right to a safe home. Landlords who do not take proper safety precautions should be held responsible for any resulting injuries.
Mark Crahan and Kyle Kaiman have been practicing personal injury law for over a decade, and can help you reach a fair settlement for your injuries.
Give us a call today at (502) 771-0741.