A Small Cracked Stair or a Big Fat Lawsuit: Tenant Personal Injury Rights

Slip and fall accidents are a type of personal injury case that often occur on properties or “premises” owned by someone else. Causes of the fall can range from wet floors and torn carpets to cracked stairs. Proving fault in personal injury cases can involve hiring a slip and fall lawyer located in Provo, Utah or elsewhere, along with providing proof that the landlord’s negligence was responsible for the accident. 

Maintenance of the property and house are a landlord’s responsibility. Whether someone is visiting the property or renting it, the landlord can be held liable for negligence. In other words, the landlord can be held guilty of failing to fix problems and take reasonable steps towards preventing accidents. 

In the case of a tenant’s personal injury, a slip and fall lawyer could be necessary after the accident takes place. If the tenant is legitimately injured—not faking it—then they have themselves a case. 

A tenant can file for personal injury claims against a landlord in order to receive help with medical bills and physical pain or disability that resulted from the fall. However, the accident must be proven an act of negligence of the landlord and not just an accident caused by the clumsiness of the tenant. 

For example, if a tenant falls on a step outside the house he’s renting and breaks an ankle, a slip and fall lawyer can help the victim only if the fall was a result of a broken step that the landlord failed to fix. Whether you live in Provo or California, the tenant can only file a personal injury lawsuit if the landlord neglected to fix a maintenance problem that caused the fall. If the tenant just fell because he tripped, the landlord will not be held liable. 

So how does a judge determine this “standard of care” required from a landlord? Generally, the standard of care expected includes reasonable care—however, this is still a bit ambiguous. To be more specific, the average expectance of a landlord involves reasonable attentiveness, prudence, caution and maintenance of properties located in Provo and elsewhere. 

Along with personal injuries, landlords from Provo to the West Coast can be held liable for criminal acts based on similar negligent actions, such as failing to provide locks on doors and windows. 

Negligence can lead a tenant to hire a slip and fall lawyer or even file a claim for a criminal act. Whatever the situation, it’s important for a landlord to engage in reasonable care and maintenance on the property that is being rented to avoid being caught in a big fat lawsuit. 

Alyssa Koenig is a legal writer for Fusion 360, an SEO and content marketing agency. Information provided by Robert J Debry. Follow on Twitter.