WOULD MY LANDLORD BE RESPONSIBLE IF I HAD A FALL AND INJURED MYSELF?March 28, 2023
The injuries that can be sustained in a slip-and-fall accident that takes place on the rented property can be quite severe, which can result in lost time from work as well as expensive medical care.
Can you sue your landlord if you are a renter and you get hurt from a slip and fall in the home or on the property’s sidewalk? The response to this question is extremely dependent on the particulars of the fall as well as the conditions that prevailed at the time it took place.
Discuss your situation with a Rochester personal injury lawyer.
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To win a personal injury claim, it is necessary to prove that the defendant was at fault (usually through negligence). There will be no legal responsibility if no fault can be established.
To win compensation for injuries sustained in a fall on a rented property, you’ll need to show that your landlord was at fault (often careless) in some way. The fact that an individual trip or falls while on the property does not necessarily establish that the owner of the property was negligent.
The general rule of New York State’s personal injury law is that owners and landlords have a common-law responsibility to keep their property in a safe state as a reasonable person would. To prove that your landlord was negligent, you must show that he or she either caused the problem that hurt you or should have known about the problem and taken steps to fix it.
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So what does “reasonable knowledge” entail?
“Reasonable knowledge” means that “a reasonable person should have had actual knowledge or could have been expected to find out other ways about a subject by making a reasonable inquiry about that subject.”
If, for instance, you have a leak in your ceiling and it causes you to slip and fall later in the day, but your landlord isn’t aware of the leak because it happened while you were at work, the landlord likely has no liability. However, your landlord may be held liable for your injuries if you informed them about the leak and they failed to fix it right away after you told them about it.
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