A landlord can be held liable for the injuries of a tenant in some cases. Landlords own property that is rented to tenants. Renting out property to tenants entails several responsibilities for a landlord.
A landlord has a legal duty to ensure their rental property is safe and habitable. If a landlord fails to maintain a rental property in good condition by making necessary repairs and a tenant is injured, the landlord may be liable for the injury sustained.
When a tenant files a personal injury claim, they may be able to prove that their landlord was negligent. There may be evidence that the landlord knew of a dangerous condition in the apartment but failed to fix or repair it, resulting in the tenant being injured, which could have been prevented if the landlord had made the appropriate repairs.
To file a personal injury claim against a landlord, a tenant must show that the landlord failed to provide a safe and habitable rental property. The theory of premises liability applies to personal injury claims involving landlord liability. As with other types of personal injury cases, negligence is generally involved.
To sue a landlord for personal injury, a tenant must demonstrate that the landlord failed to provide a safe and habitable rental property. Personal injury claims which involve landlord liability fall under the legal theory of premises liability.
Similar to other personal injury cases, the elements of negligence often apply.
How Do You Prove Negligence?
Four elements must be proven to recover for negligence.
These include:
- Duty;
- Breach;
- Causation; and
- Damages.
Duty is the responsibility one owes to another. In general, individuals owe each other reasonable care in their daily lives, which is the level of care that an ordinary and prudent individual would exercise in the same situation.
When a person’s care falls below the level required by their duty, it constitutes a breach. A landlord who fails to make a repair promptly falls below their duty.
Breaches of duty must cause injuries. The legal test for causation is somewhat complex, but basically, the test is that but for one of the parties’ actions, the injury would not have occurred.
There must also be some type of harm that occurred.
The type of injury may vary and can include:
- Property damage;
- Injury to the individual;
- Emotional distress; and
- Lost wages.
To prove negligence, each of the previously discussed elements must be present. Negligence cannot be established if one of the elements cannot be proven.
Is a Landlord Responsible for the Safety of Tenants on the Entire Rental Property?
States have different laws regarding landlords’ responsibilities. The landlord, however, may be responsible for the tenants’ safety on the property outside of the rental.
A landlord may have a duty of care to repair and maintain common areas or areas shared by tenants, which may include:
- Hallways;
- Walkways;
- Pools;
- Gyms;
- Stairways;
- Parking areas;
- Laundry or storage facilities; and
- Mailrooms.
In these common areas, a landlord is responsible for warning tenants of any dangerous conditions that are present but not obvious to the tenant, such as a loose brick on a walkway or a malfunctioning washing machine in the laundry room.
Tenants may also be held responsible for injuries in the common areas if the landlord made a negligent or faulty repair.
When Is a Landlord Liable for Another Tenant’s Actions?
If the actions of one tenant injure another tenant, the landlord may be liable. Typically, landlords fail to enforce lease provisions in these situations.
For example, suppose a rental property is supposed to be pet free, and a tenant is permitted to keep a vicious dog despite complaints from other tenants. In that case, the landlord may be held liable for any injuries resulting from a dog bite to another tenant or child.
Tenants may also be held liable for their actions in common areas. Common areas, such as gyms, pools, and lawns, should be kept safe from dangerous behavior that may lead to injuries.
What Types of Damages Can an Injured Tenant Sue a Landlord Over?
In a personal injury claim, a tenant may be able to recover damages for a variety of expenses.
If an injured tenant wins a personal injury claim, they will be compensated for the following expenses:
- Medical bills;
- Physical therapy treatment;
- Lost wages;
- Loss of future income;
- Pain and suffering;
- Property damage; and
- Emotional distress, including any expenses associated with treating anxiety and depression.
Generally, the more severe the injury, the higher the compensation award.
Are Landlords Liable for Injuries Caused by a Tenant’s Animal?
Typically, a landlord is not responsible for injuries caused by a tenant’s pet. There are, however, some important exceptions to this general rule. The following are three of the most common exceptions:
1. Landlord’s Knowledge of the Animal and Its Dangerous Tendencies
A landlord could be held liable by a third-party injured by their tenant’s animal if there have been prior attacks, and the landlord knew about those attacks.
Some courts have found landlords liable even without prior injury if they observed the animal displaying threatening behavior, such as:
- Lunging
- Growling
- Snapping
Some landlords have been held liable for third-party injuries despite not knowing that the tenant used the animal to protect and guard the premises.
2. Landlord’s Control of the Premises
Landlords may be liable for injury to a third party if a tenant’s animal attacks in a common area of the premises, such as a stairway, yard, or hallway because landlords retain control of these areas. In addition, if the landlord and tenant share a building, the landlord might be considered to have control over the animal, particularly if the landlord gains protection from the animal.
3. Landlord’s Assumption of the Duty to Make Premises Safe After an Attack
In some cases, a landlord who promises to have the tenant’s animal removed after its attacks will be found liable for negligence if the landlord subsequently fails to follow through. Duty of due care is imposed on a landlord with the right to have a vicious animal removed from the property.
If a prior attack made it possible to evict the tenant for violating the lease or to have the animal removed, the landlord is likely to be found negligent for failing to do so.
What Can a Landlord Do to Minimize their Liability for Being Sued in a Personal Injury Claim?
There are several steps that a landlord can take to minimize their risk of being sued for a tenant’s injuries in a personal injury claim. It is the landlord’s responsibility to maintain areas of the rental property that they are responsible for, including the living and common areas.
It is the landlord’s responsibility to make repairs properly and quickly. The landlord should also enforce all lease terms and post signs detailing the rules for common areas such as pools and gyms.
Maintaining maintenance and repair records is also important for a landlord. If a lawsuit occurs, this may reduce the landlord’s liability.
When Should I Consult an Attorney?
Different jurisdictions have different laws regarding a landlord’s liability for dangerous animals. If your tenant keeps an animal that may be dangerous, you should speak with a local landlord-tenant lawyer to better understand your rights and responsibilities.
