Slip and fall cases (not to be confused with trip and fall accidents) are a specific type of premises liability claim within personal injury lawsuits. According to California Civil Code 1714, both public and private property owners are required to maintain safe environments free from hazards for customers and visitors.
Although a tenant may share some responsibility for not avoiding a noticeable hazard — a point often raised in the open and obvious danger defense — the landlord is typically held primarily liable for the customer’s injuries if proven to be negligent.
Slip and Fall Injuries in Apartment Buildings
Slip and fall injuries can range from minor ankle sprains to more traumatic spinal injuries. Regardless of the injury’s severity, it is essential to work with an experienced slip and fall attorney (Los Angeles) who is well-versed in California laws. This will ensure you receive the compensation you deserve.
In this article, we will tell you everything you need to know regarding landlord liability for slip and fall injuries. With this knowledge and the support of the best personal injury attorneys in Los Angeles, you can effectively pursue or defend your case.
Understanding Landlord Liability
As mentioned earlier, California landlords have a legal duty to maintain their properties in a reasonably safe condition for tenants, guests, and visitors. This means addressing potential hazards that could lead to slip and fall accidents, such as:
- Wet or slippery floors
- Uneven surfaces or damaged floors
- Poor lighting
- Cluttered walkways or obstructions
- Lack of proper handrails or guardrails
- Inadequate warning signs or barriers
However, if a spill or damaged floor occurs within a tenant’s unit and the landlord is unaware of it or has not been notified, they may not be held responsible. Landlords are typically only liable for hazards they knew about or should have known about through reasonable diligence.
Landlord vs. Tenant Responsibility
Landlords are typically held responsible for maintaining safe environments in common areas, such as hallways, staircases, elevators, pool areas, or any other shared space. As property owners, landlords must uphold a duty of care to address hazards and provide the necessary maintenance to avoid potential injuries.
For example, if a tenant falls down the stairs of an apartment complex due to inadequate lighting, the landlord will likely be held liable for failing to fix the light bulbs and maintain a safe and hazard-free environment.
Tenants are also responsible for maintaining a safe environment within their individual units. If a slip and fall injury occurs inside a rental unit due to a hazard the tenant created or failed to address, the tenant will likely be held liable. If the tenant fails to notify the landlord and provide them with a reasonable timeframe for the issue to be fixed, the tenant may also be the liable party.
For instance, if there is a leak in a tenant’s unit causing them to slip and fall, the landlord would only be held liable if they knew or should have reasonably known about the leak. The landlord’s liability would also be dependent on whether or not they sent out a notice to their tenants about a plumbing issue. If the landlord was not notified of the leal and was unaware of it altogether, they likely will not be found negligent.
Contact a Slip and Fall Lawyer (Los Angeles)
Navigating landlord liability for slip-and-fall cases requires support from an experienced Los Angeles injury attorney or slip-and-fall accident lawyer. In California, personal injury or wrongful death claims must be filed within two years from the date of the accident, as stated by the statute of limitations.
Failing to submit a claim by this deadline could result in forfeiting your right to pursue damages. A personal injury lawyer in Los Angeles can help you secure the compensation you deserve.
The Law Offices of John J. Perlstein can help you navigate the process and will advocate on your behalf for the monetary recourse you deserve. Working with an experienced slip-and-fall lawyer following an accident will help you get the most out of your claim.
With over 25 years of experience, The Law Offices of John J. Perlstein is one of the best Los Angeles wrongful death law firms, securing fair and just outcomes in personal injury and wrongful death cases. To set up a free consultation with one of the top Los Angeles personal injury law firms regarding your slip and fall lawsuit, fill out our form online or give us a call at (213) 583-5786.