The relationship between tenant and landlord can be a tough one to navigate, particularly when person injury and premises liability becomes a matter. When someone is injured on the property, it can be difficult to determine who should be held responsible. While there is no clear and defined way to determine who is at fault in a personal injury case that occurs on rented Evansville property, there are a few general rules to keep in mind when looking into these cases:
When Is the Landlord Responsible?
The landlord will likely be responsible in any case where negligence can be proven. Many times this can only be proven if the landlord is aware of a potential hazard and chooses to do nothing about it. Some examples might be:
- A tenant calls to complain about a leak, and days go by without anyone fixing it. If that tenant slips and falls because of this leak, they would be able to hold the landlord responsible for neglect.
- An area of the sidewalk is hazardous because it is uneven. If the landlady is made aware of it, it is her responsibility to fix this. If it does not get fixed despite her knowledge of it and someone is injured by it, the landlady can be held liable.
- Any communal place that multiple tenants share will be the responsibility of the landlord. This might include stairwells, parking lots, or pool areas. If someone were injured in one of these areas because someone neglected to maintain it, the landlord would likely be responsible.
Many times, issues inside of the house or apartment would be the responsibility of the tenant. However, the exception to this would be any structural aspect that was there when the tenant moved in. This might include flooring or built-in shelving. For example, if the floor boards are uneven, and someone trips and injures themselves, there could be a case against the landlord.
When Is the Tenant Responsible?
It is common for the responsibility to fall on the tenant in these types of situations without the proper defense. Some of the cases where the tenant will likely be held responsible for an injury might be:
- A third party is injured on the property. If, for example, you slip and fall in your friend’s apartment, your friend will likely be the one who is liable, not your friend’s landlord. On a corporate level, if you enter a store, slip and fall, and experience a personal injury, the store will be held responsible, not the owner of the building that the store leases. (There are exceptions, however.)
- Any hazards inside of the apartment that were not a part of the foundation of the house or apartment would be the responsibility of the tenant. This might be a slippery rug or uneven shelving.
Help from an Evansville Personal Injury Lawyer
If you experienced a personal injury in Evansville due to the negligence of your landlord, you could be entitled to compensation. Call Hensley Legal Group today for a free consultation or contact us online.