(275+)As a tenant renting a home or apartment in Philadelphia, you expect your living space to be reasonably safe and well-maintained.
Unfortunately, hazardous conditions on rental properties lead to countless slip and fall accidents yearly, resulting in serious injuries. If you suffer a slip and fall due to your landlord’s negligence, you may have grounds for a personal injury lawsuit to recover compensation. At Gibbons & Crichton, our experienced Philadelphia slip and fall attorneys help injured renters understand their rights and pursue claims against negligent property owners. So, can you sue your landlord for falling on their property?
Landlord’s Duty of Care to Tenants
In Pennsylvania, landlords have a legal obligation to provide tenants with a rental property free of dangerous conditions that could foreseeably cause harm. This duty of care requires landlords to:
- Regularly inspect the property for potential safety hazards
- Make timely repairs to any known hazardous conditions
- Warn tenants about latent defects that are not readily apparent
When landlords fail to uphold this duty through negligent property maintenance, they can be held liable for slip and fall injuries their tenants sustain as a result. Some common hazards that frequently lead to slip and fall due to landlord negligence on rental properties include:
- Uneven or cracked pavement on walkways, stairs, and patios
- Loose or missing handrails
- Torn carpeting or warped floorboards
- Inadequate lighting in stairwells and common areas
- Accumulated snow and ice on entrances and sidewalks
If you encounter a safety issue in your rental home, notify your landlord immediately in writing and request repairs. Putting your landlord on notice establishes a record that the property owner was aware of the hazard and helps prove negligence if an injury occurs.
Proving a Slip and Fall Claim Against Your Landlord
Holding a landlord accountable for slip and fall injuries requires showing:
- The landlord owed you a duty of care
- The landlord breached that duty by allowing an unreasonably dangerous condition to exist
- This led to your slip and fall accident
- You got injured as a result
Evidence is crucial to building a strong premises liability case. After a slip and fall, document the scene with photos and collect contact information from any witnesses. Seek prompt medical treatment for your injuries and save all records and bills as proof of damages. An accident report filed with the property manager also helps establish a record of what occurred.
To further bolster your claim, consult a knowledgeable slip and fall attorney who can investigate the hazard that caused your fall. Your lawyer may uncover a history of building code violations or prior tenant complaints demonstrating a pattern of negligent maintenance.
Maintenance records, security camera footage, and property inspection reports can also yield important evidence to support your case.
Slip and Fall Injuries on Rental Property Can Be Severe
While some falls may result in only minor bumps and bruises, many cause significant trauma, especially in older adults, young children, and people with pre-existing mobility issues or health conditions. Serious injuries frequently associated with slip and fall accidents include:
- Traumatic brain injuries
- Spinal cord damage
- Hip fractures
- Broken wrists, arms, and ankles
- Knee ligament tears
- Shoulder dislocations
- Facial lacerations and dental injuries
- Neck, back, and soft tissue damage
Recovering from these injuries may require extensive medical treatment, physical therapy, and time away from work, resulting in expensive bills and lost income in addition to pain and suffering. Filing a personal injury lawsuit allows you to seek compensation for the full extent of your economic and non-economic losses when a negligent landlord is to blame.
All too often, tenants are hesitant to sue their landlords after a slip and fall for fear of retaliation or a lack of awareness about their legal rights. However, it is important to hold negligent property owners responsible so you can obtain the financial recovery you need and deserve. In addition, lawsuits send a strong message to landlords about the importance of tenant safety and hopefully prevent others from being hurt due to the same hazardous conditions.
Understanding the Statute of Limitations
It is important to be aware that your time to file a slip and fall lawsuit is limited. In Pennsylvania, most personal injury claims must be filed within two years from the date of the injury. Failing to take legal action within this timeframe means losing the right to pursue compensation, including claims against a landlord for damages resulting from a fall.
While two years may seem like a long time, building a strong slip and fall case requires extensive investigation and evidence gathering that can take many months. The sooner you consult a Pennsylvania personal injury attorney, the more time your legal team will have to prepare and file your case before the statute of limitations expires. Waiting too long to take action can harm your ability to recover much-needed compensation.
Landlord Defenses to Slip and Fall Claims
Landlords and their insurance companies will look for any reason to deny liability for a slip and fall, so it is vital to work with an attorney who can craft a persuasive case and refute potential defenses. Common arguments property owners make to avoid responsibility for an injury include:
- The hazardous condition was so open and obvious you should have noticed it
- Your inattention or clumsiness caused you to fall
- You were in an area of the property where you were not permitted
- They were not aware of the dangerous condition
- They made reasonable efforts to correct the hazard or provide warning
An experienced lawyer will anticipate these defenses and work to gather evidence that proves the landlord knew or should have known about the dangerous condition and failed to take appropriate action to remedy it. Maintenance records, tenant complaints, and expert testimony can be invaluable to demonstrating constructive or actual knowledge on the part of the property owner.
Get Help from a Philadelphia Slip and Fall Attorney
At Gibbons & Crichton, we understand the physical, emotional, and financial toll a serious slip and fall injury can take. When a negligent landlord is to blame, we are here to help you fight for accountability and the full compensation you deserve. Our Philadelphia slip and fall attorneys have extensive experience with these complex cases and a track record of success in recovering substantial settlements and verdicts for injured tenants.
If you sustained slip and fall injuries on a rental property, contact our Philadelphia law office today to schedule a case evaluation.
