Bautista LeRoy Blog

816-221-0382

Renter's Property Accidents And The Legal Implications

Posted by Bautista Leroy | Jan 01, 2019 | 0 Comments

renter property accidents

Millions of people worldwide reside in rental properties, creating unique relationships between tenants and landlords. Accidents on rental property premises may lead to complex legal disputes; both landlords and tenants should understand any possible repercussions from accidents occurring there and how these might play out legally.

 

COMMON CAUSES OF INCIDENTS

Accidents related to renting can arise for various reasons, the most prevalent being:

  • Slip-and-Fall Accidents: These accidents often result from slippery surfaces, wet floors, uneven surfaces, or poor lighting causing slip-and-fall accidents that lead to slip and falls that lead to injuries such as head trauma and broken bones.
  • Poor Maintenance or Substandard Building Practices: These may result in collapsed stairs, decks, or ceilings - this could even extend to stairs being disassembled.
  • Electrical Risks: Faulty wires, exposed cables, or outdated electrical systems could pose electrical shock risks and fire risks, leading to electric shocks or fires.
  • Fire Risks: Poor fire protection measures such as failing to install smoke alarms or blocking fire exits can make fires much worse.
  • Insufficient Security: Without proper locks, surveillance cameras, or lighting for security on their property, burglaries or assaults may occur more frequently.

 

Landlord Responsibilities

Landlords must ensure their properties are habitable and safe for tenants. Local housing codes and laws for tenants outline this responsibility in detail, so landlords need to adhere to them if they want their tenants' trust. Here are the main responsibilities:

  • Regular Maintenance: Landlords must address structural, plumbing, and other maintenance concerns immediately in order to keep tenants satisfied with their rental experience.
  • Adherence To Building Codes: Ensuring that the property meets relevant safety and health codes, such as installing smoke alarms and CO alarms in accordance with applicable legislation is of critical importance for its success.
  • Repairs must be addressed promptly: When tenants notify landlords of hazards, they typically need to make the necessary repairs in a reasonable period.
  • Inspection of Common Areas: Landlords should conduct regular checks of common areas to ensure they 
    remain safe and in good condition.

If landlords fail to fulfill these responsibilities, they could be held liable for any accidents that take place on their property.

 

TENANT RESPONSIBILITIES 

Tenants have the responsibility for upholding a safe environment by fulfilling certain duties, which may include:

  • Reporting Hazards: Renters should notify landlords immediately about potential hazards such as broken stairs and malfunctioning appliances that could pose potential threats.
  • Safety Guidelines: Take precautionary measures that may cause risks, such as overloading electrical sockets or closing emergency exits.
  • Maintain cleanliness: To avoid accidents such as trip hazards, keep the property clear of clutter that could pose trip risks and debris hazards.

Tenants could be held liable if their negligence contributed to an accident occurring.

  • Determine Liability: A variety of factors play an integral role in establishing liability. Courts usually take into account:
  • Hazard Awareness: Was the tenant or landlord aware of a potentially hazardous condition and did they take appropriate steps to rectify it?
  • Reasonability: Has the landlord conducted regular inspections and made repairs as scheduled, was the accident caused by the tenant's actions?
  • Contributory negligence: Both landlords and tenants could share some responsibility for an accident. In instances such as when a tenant slips and falls on wet floor surfaces, for instance, both may share liability. However, when someone slips over onto those same floors while running across an obstruction such as water canisters on an apartment complex's lawn may be less at fault than anticipated by either of them.

 

Legal Implications

An injured party can file a claim for compensation following an accident, with damages typically including:

  • Cost of Medical Treatment and Long-term Care: These include emergency treatments, surgeries, physical therapy sessions, and ongoing long-term care costs.
  • Loss of Income: Compensation due to inability to work.
  • Pain and Suffering Compensation: Financial compensation may be available for physical and emotional suffering.
  • Property Damage: Claiming compensation for damage to personal property.

To succeed in their case, those injured must establish the following elements.

Property owners or third parties had an obligation of care towards those they owned or managed their properties for.

Landlords and tenants alike can take proactive steps to lower the risk of accidents or legal disputes. Landlords should conduct regular inspections, respond swiftly to maintenance requests, and keep meticulous records about repairs made or communications with tenants. Tenants should report any hazards immediately and adhere to safety guidelines. Additionally, they can purchase renter's liability insurance to protect their belongings from possible liabilities.

Accidents at rental properties can result in serious injuries and have far-reaching legal ramifications, so both landlords and tenants play an essential role in providing a healthy environment and preventing conflicts. Understanding their responsibilities, taking preventative measures where needed, and maintaining harmonious relationships are key components for both landlords and tenants to consider when renting properties.

For inquiries related to traffic accident laws or injury laws, or to hire an accident attorney, contact the legal professionals of Bautista LeRoy LLC through this number 816-221-0382 or email them at [email protected]. Serving Kansas City, MO and KS as well as surrounding areas of Benton County and St. Louis.

About the Author

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Bautista LeRoy LLC Is Here for You

At Bautista LeRoy, we focus on Elder and Nursing Home Abuse, Defective Products, Trucking and Auto Collisions, Railroad Crossing Litigation, Wrongful Death, Medical Malpractice, and Civil Rights and we are here to listen to you and help you navigate the legal system. Serving Kansas City, MO and KS, Arkansas, Illinois, as well as surrounding areas of Benton County and St. Louis.

Contact Us Today

Bautista LeRoy is committed to answering your questions about Elder and Nursing Home Abuse, Defective Products, Trucking and Auto Collisions, Railroad Crossing Litigation, Wrongful Death, Medical Malpractice, and Civil Rights law issues in Missouri. Serving Kansas City, MO and KS, Arkansas, Illinois, as well as surrounding areas of Benton County and St. Louis.

We offer a Free Consultation and we'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

Menu