When most people think of slip and fall cases, they imagine someone suffering a fall in a public place, such as a grocery store. However, slip and fall accidents are not confined to public spaces. You could even fall at home. If you suffered a slip and fall at the home or apartment you are renting, here is what you need to know.
What Do You Have to Prove?
A slip and fall case is viewed in a similar fashion as other personal injury cases. A key element that must be proven in all cases is negligence. In this instance, you have to prove that the actions of your landlord was negligent and that his or her negligence led to your accident and injuries.
Determining whether or not the landlord was negligent can be tricky. Even if the property was in poor condition, the owner is not automatically liable. You have to show that the landlord was aware of the poor condition and that he or she had ample time to repair it.
What If You Fall Inside?
It is possible to fall inside your apartment or home and hold the landlord responsible. For instance, if the floor in your bathroom had cracked tiles that were in serious need of repair and you had alerted the landlord a month before the accident, you could argue that the owner was negligent.
In this instance, you can prove that the landlord was aware of the floor's condition and that he or she had enough time to make repairs to make the floor safer.
However, there are some cases in which the landlord might not be liable. For instance, if the floor was cracked and you failed to notify the owner of its condition, the court could decide he or she was not responsible for your injuries.
What If You Fall Outside?
Slip and falls that occur outside of the home or apartment are viewed slightly different than if you fell inside. How much responsibility the landlord has to taking care of the exterior conditions depends largely on the language in your rental agreement.
For instance, if you slipped as the result of a poorly constructed walkway, the landlord could possibly be responsible if the rental agreement held him or her responsible for taking care of the exterior, including the maintenance of the walkway.
However, if no such arrangement was in the agreement, you could have trouble proving that you are entitled to receive compensation.
Regardless of where the fall occurred and the circumstances, consult with a personal injury attorney. He or she can review your case and determine if your landlord is responsible and help you take action.