Pennsylvania law allows tenants and guests who’ve been injured due to an accident or criminal activity to seek financial compensation from the responsible landlord. However, there must be sufficient evidence of the landlord being negligent, and that their negligence led to the incident.
Your landlord has a responsibility under Pennsylvania law to maintain a safe property. The circumstances behind the injury, the steps your landlord took to keep the building safe, and your actions immediately after suffering the injury all play a role in a potential claim.
Location of Injury Vital to Your Landlord Injury Claim
Where in the building did the injury occur? This question will be one of the first a personal injury lawyer asks when you present them with your case and ask for advice.
Landlords are generally responsible for the maintenance of all common areas of the building and can be held liable for injuries you sustain as a tenant in common areas.
Do I Have a Case Against My Landlord if I Slip and Fall On Apartment Stairs?
If you slip on a spill while walking down the building stairs, you likely have a strong premises liability case.
Examples of common areas for which a landlord is generally responsible include:
- Walkways
- Hallways
- Recreation areas
- Laundry rooms
- Parking lots
However, in cases where you sustain an injury in your rented condo or apartment, it’s unlikely you’ll be able to prove the landlord is liable for your claim. But there are exceptions. For example, landlords can be held responsible for injuries due to mechanical failure of an oven, furnace, or improperly installed flooring.
What Are the Terms and Conditions of Your Lease?
Once responsibility is established for the location where the injury occurred, the terms and conditions of your lease become crucial.
The lease generally explains in detail the responsibilities of both the landlord and the tenant and should provide a clear path to resolving disputes. Because the terms and conditions set out in a lease agreement are often up to interpretation, it’s still recommended you speak with a personal injury lawyer, even if it appears your lease holds you liable for your injury. This excellent article from Lehigh University explains lease agreements and the protection they provide.
Prior Notice of Defect
One of the bedrocks of premises liability law in Pennsylvania is prior notice. As the injured party, if you can prove you gave prior notice to the landlord of the defect that caused the injury, you’ll have a much better chance of winning your personal injury case.
For example, let’s say you fell down a flight of stairs with a faulty handrail, and you provided prior notice to the landlord of the handrail issue, this prior notice can play a make-or-break role in securing a settlement for your injury case.
Cases that May Not Require Prior Notice
Prior notice will weigh your premises liability case heavily in your favor. But notice isn’t always required. Consider, for example, a defect in the steps outside a building where the landlord regularly uses the damaged area to enter. In such circumstances, the landlord should have known that the defect could lead to injury and repaired the stair earlier.
Other Potential Parties to Your Premises Liability Lawsuit
Beyond your landlord, other parties may be held responsible for injuries you sustain in your rental building. Potential parties to your premises liability lawsuit after a slip and fall include:
- Contractors
- Condo board members
- Maintenance companies
Your injury lawyer can help explain how to identify parties to your claim and guide you in filing your lawsuit against them.
Can I Sue My Apartment Complex for Slipping on Ice?
If you’re considering a lawsuit against the property manager or owner of the apartment complex, it’s important to know your rights.
If you’ve had a slip and fall on ice on your apartment building property, you may be able to hold the landlord and the property management company liable for your injuries.
Negligence Plays a Key Role in Suing Your Philadelphia Landlord for Pain and Suffering
If a property management company is negligent in not removing ice and snow outside the building, you may have a case against them to get compensation for your pain and suffering and lost income due to your fall.
Often, the responsibility depends on agreements between the landlord and the property management company and whether either party should have known such conditions might cause one of their tenants to slip and fall. Our article on slips and falls on ice explains more about responsibility for weather-related accident injuries.
Premises Liability Lawyer Serving Renters Throughout Pennsylvania
As a renter, it might seem like you have little power to fight a legal battle against a landlord or a large property management company. That’s where having a skilled premises liability lawyer can make a difference.
Jeffrey Penneys has decades of experience going against the big insurance firms in personal injury disputes. He understands the strategies they deploy and harnesses his unparalleled knowledge of Pennsylvania premises liability law to ensure the right outcome for his clients.
Your path to justice begins with a simple phone call. Contact the Law Offices of Jeffrey Penneys today to book your free, no-obligation consultation.