In a tenant slip and fall case, landlord liability depends upon the circumstance surrounding the fall, as well as the terms of the rental agreement.
The Basic Premise of a Tenant Slip and Fall Case
In order for a tenant to landlord liability for the damages in a slip and fall claim, negligence must be present. The following are the basic elements of any personal injury case, including premises liability.
- The defendant owed the plaintiff a duty of care.
- The defendant acted or failed to act in such a way that he/she was negligent.
- The defendant’s negligence caused the plaintiff’s injury.
If the landlord was not negligent, he/she cannot be liable for the tenant’s injuries. Keep in mind also that the tenant has certain responsibilities to reasonably maintain the rental property.
Was the landlord negligent?
Let’s say you slipped and fell on the front steps of your home. What caused you to fall? Was it simple clumsiness? Did you leave a box on the steps that you forgot about? Was it slick with ice and snow? In these cases, the landlord generally cannot be responsible for a slip and fall accident.
However, if you fell because of a broken step the landlord was supposed to fix, or if your rental agreement noted your landlord had the charge of salting the steps and clearing the steps of snow, landlord liability may apply.
Determining liability in rental property injury claims can be challenging. However, your attorney will be able to gather information, review your rental agreement, and determine whether or not you have a valid case against your landlord.
Procrastination Can Wreck Injury Claims
If you or a loved one was recently injured in tenant slip and fall accident at your apartment or rental home, you do not want to procrastinate taking legal action.
If your case meets the elements necessary for a landlord liability claim, get a move on taking appropriate legal steps to recover your damages primarily because you’ll need to file the claim before Colorado’s statute of limitations period ends (two years). Failure to file within that time period can bar your eligibility for compensation.
It’s also important not to neglect collecting evidence to support your case. Take photos of where the accident took place, the broken step for example, and collect evidence of all your medical bills, proof of lost wages, and your rental contract.
If you have details or proof of any correspondence from your landlord that proves he/she knew about the defect that caused your injury, gather that information to share with your attorney.
Furthermore, if you wait too long to take action, the insurance companies might dispute the authenticity of your claim. It’s far better to research your legal options and get the ball rolling shortly after a tenant slip and fall, rather than procrastinating and running the risk of hurting your claim.
Speak with a Slip and Fall Attorney in Denver Today
To determine whether or not you have a valid landlord liability claim worth pursuing, call attorney D.J. Banovitz. We handle all types of injury claims in Denver and the surrounding areas, including those dealing with landlord liability. Contact us today to schedule a free consultation: 303-300-5060.