Slip & Fall/Trip & Fall incidents, whether from slippery substances or a broken stairway, can cause severe bodily injuries. Landowners, landlords, management companies or Homeowners Associations are required to maintain their premises so as to be safe for all residents and visitors. When hazards exist, the landlord is required to immediately warn of the hazard and to take adequate steps to remove/repair the hazard. When a landlord knew (or should have known) about the hazard that caused your injuries, they are liable for all of your damages arising from the incident. Just as with automobile accidents, you are entitled to have your medical bills paid and to be adequately compensated for your pain and suffering, lost wages, inconvenience and emotional distress that you incurred from your slip & fall accident. Slip & fall accidents for which you can be compensated can occur on residential property, commercial property or in public places.
Slip & Fall Accident Frequently Asked Questions
- S-1. Are Landlords Responsible For Accidents That Occur On Their Premises?
- S-2. Who Is Responsible For Injuries Occurring On Someone’s Land?
- S-3. May I Recover For Injuries That Occur At a Residence, Or Only On Commercial Property?
- S-4. Does The Landlord Have To Have Notice Of The Hazard?
- S-5. Does The Landlord Have To Repair The Hazard?
- S-6. Can I Be Evicted If I Sue My Landlord?
S-1. Are Landlords Responsible for Accidents that Occur on Their Premises?
Landowners, landlords, management companies, Homeowners Associations and residents are responsible for injuries that take place on their premises when they knew or should have known about the hazard and they do not/have not taken immediate and adequate steps to warn of and correct the hazard. Thusly, you do not have an actionable claim every time you slip and injure yourself on somebody else’s property, only when you injured yourself when the landlord is negligent in how he/she maintained the property. If you were injured on someone’s property due to a slip and fall accident, contact The Law Office of Kenneth E. Norman for a free consultation and investigation into your slip and fall incident. Since you must prove the landlord’s negligence, and not just that the injury occurred at no fault of your own, it is crucial that you involve us to help prove liability in order to receive compensation for your injuries.
See Question S-2 through S-5, below
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S-2. Who Is Responsible for Injuries Occurring on Someone’s Land?
Much like an auto accident where both the owner of the responsible vehicle and the responsible driver are both responsible, the landowners, landlords, management companies, Homeowners Associations or residents, or a combination thereof, may be held liable for any injuries you sustained. The reason owners of commercial property hire management companies and why homeowners and renters buy homeowner’s or renter’s insurance is because people can be liable for injuries incurred by other people on their property. The person liable in any given situation must be determined on a case-by-case basis.
See Question S-1, above, and S-3 through S-5, below
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S-3. May I Recover for Injuries that Occur at a Residence or Only on Commercial Property?
Both homeowners and renters may be liable for injuries incurred on their property. Homeowner’s Associations and apartment rental/management companies may also be liable for your injuries when visiting at an apartment or condominium. Who is liable for specific injuries from a specific event must be considered on a case-by-case basis.
See Question S-1 & S-2, above, and S-4 & S-5, below
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S-4. Does the Landlord Have to Have Notice of the Hazard?
The party responsible for maintaining a property must have notice of the hazard that they need to warn of and repair. However, there is something called “constructive notice,” which means that landowners, landlords, management companies, Homeowners Associations or residents cannot just ignore the hazard to claim that they didn’t have notice and therefore are not liable. The standard is if the landlord knew or “should have known” about the hazard. Whether or not a landlord is liable for specific injuries from a specific event must be considered on a case-by-case basis.
See Question S-1 through S-3, above, and S-5, below
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S-5. Does The Landlord Have to Repair the Hazard?
Landowners, landlords, management companies or Homeowners Associations must take immediate steps to both warn of and repair a hazard. This duty arises when the landlord knew or “should have known” about the hazard. When you are a renter you must take steps to make your landlord repair the hazard in order to avoid liability.
See Question S-1 through S-4, above
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S-6. Can I be Evicted if I Sue My Landlord?
When a landlord takes some action against a renter because they made a complaint to a government agency or a claim for damages, that renter cannot be “retaliated” against. If a landlord tries to evict you because you made a complaint or filed a claim, it is called “retaliatory eviction.” The California Government Code prohibits retaliatory eviction; this legal protection, however, only safeguards you for six months. If you are in a lease after six months, the landlord cannot evict you in violation of a lease. If you are on a month-to-month lease, for example, after your initial lease expired, a landlord can “find a reason,” to evict you and then you no longer have the retaliatory eviction defense.
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