In most states, landlords have a duty to ensure that tenants have a safe place to reside in. So when someone sustains an injury while staying at or visiting a rental property, the topic of landlord negligence often comes up.
To answer the question succinctly: yes, you can sue your landlord if you were injured on his/her rental property, but only under specific circumstances centering on one key concept: negligence. If you are able to prove that your injury was caused by negligence on the part of your landlord, a lawsuit is likely a feasible option.
How Negligence is Determined in Landlord Liability Lawsuits
Landlord/tenant laws are complex and account for a variety of situations, but in terms of keeping safe premises, California is very thorough about the steps that landlords must take to ensure that a property is safe for all tenants. This includes ensuring that the property is up to all codes and regulations, disclosing information on hazards such as lead paint, and responding in a timely manner to any reported issues or hazards.
This means that simply being exposed to or injured by a hazard isn’t necessarily enough for a lawsuit. In order for you to be able to prove negligence, you have to be able to demonstrate one of the following:
- That the landlord directly caused the dangerous condition which led to the injury
- That the landlord was aware of the dangerous hazard or condition
- That the landlord should have been aware of the dangerous hazard or condition
This is why, if there is any form of threat or hazard in a rental property you are staying at or visiting, it is imperative that you bring this to the landlord’s attention immediately. In addition to helping you prevent injuries, this could save you a lot of trouble down the road if you decide to move forward with a landlord liability suit.
Contact a Knowledgeable Personal Injury Attorney for a Free Consultation
Did this post help answer some of your questions about landlord negligence and liability in CA? Remember, our seasoned personal injury attorneys at the Law Offices of Dean Petrulakis are here to help. To learn more about what we do, and to book a free consultation, be sure to call us at (209) 528-0404.
