Landlords and property management companies are quick to take your rent check each month, but it’s also their responsibility to provide you with a safe space to live in or conduct your business in.
You may be hurt on a poorly maintained stairwell or take an injury from a faulty appliance installed in your California apartment. These instances and more would make landlords, property management companies, or both liable for any personal injuries you suffer on rental properties. They could be held accountable for the costs of your medical care and the support you would need while you miss work.
This is only fair when you’ve been hurt by a rental company’s negligence, but landlords don’t often make it easy for victims to secure the compensation they need to fully recover.
A Free Consultation from a California Premises Liability Lawyer
If you or a family member were hurt due to the carelessness of your landlord, don’t pay for your recovery out of pocket. Landlords and rental property management companies often have lawyers at the ready when they face lawsuits over negligence. They will attempt to discredit and reject your injury claim.
That’s why you shouldn’t file a personal injury lawsuit without at least talking with a skilled legal representative of your own. There’s a risk-free way to be informed of what you’ll be facing. Maison Law of California offers all victims a free, no-obligation case consultation.
Discuss your options with an experienced California premises liability lawyer. If you decide you’d like our help, you don’t need any money upfront. We don’t get paid unless we win your case.
Does Premises Liability Apply to Rental Properties?
Premises liability applies to all properties where you allowed legally allowed to enter. It means that while you visit, live, or conduct business on the property, the property owner is legally bound to make your stay as reasonably safe as possible.
This “duty of care” means property owners and operators must act to clean up, fix, or replace any hazard that may cause you harm.
It doesn’t matter if the rental property management company causes the issue, or if another tenant, customer, or client creates the hazard. It must be removed in a reasonable amount of time. And while the problem is getting fixed, it’s also up to the landlord to warn you about it.
When these duties are neglected, landlords and others can be held responsible for all of the costs of injury recovery.
Rental Property Personal Injury Dangers
Accidents on rental properties are a big concern in California, especially since so many people across the state and in the bigger cities rent rather than own their homes. Curbed Los Angeles found that around 54% of the city’s residents rent their apartments, condos, and houses. Over half of San Francisco residents rent their living quarters too.
Any time a landlord or property management company is responsible for maintaining a residence, they could be liable if someone is injured.
You may be in your studio apartment or condo when a hazard leaves you injured.
You may be visiting friends at the home they are renting when you are hurt.
An appliance provided by a landlord could malfunction or have a wiring issue and cause an electrocution injury.
A poorly installed window or a loose balcony railing may allow someone to fall. A
problem with a smoke detector or a fire escape might leave your family or your coworkers at risk of smoke inhalation or burns.
Compromises to structural integrity could cause someone to fall through the floor.
There are plenty of hazards outside that are covered by rental property premises liability in California. In any of these cases, injured victims have two years to file a premises liability claim against their landlord or property management company.
Who Can I Sue After a Rental Property Injury in California?
Filing a personal injury claim against a landlord or management company might not be the end of the matter. There are other parties that could share liability in your accident. They would be required to help pay for your recovery as well.
- A real estate management company can face liability, but the property owner who employs them could also be called upon in the event of an accident.
- An employee or contractor working for a landlord or rental property manager could also share blame for what happened to you.
- The tenant or renter you were visiting may have also done something that endangered you or a loved one. The tenant’s renter’s insurance could be called upon for compensation.
What Kinds of Things Can Earn Support from My Landlord?
Each rental property personal injury case is different, but there are some awards victims commonly receive when calling upon landlord insurance or professional liability insurance. Your personal injury/premises liability lawyer will make sure all of your hardships are listed on a claim, including some that you may not have considered.
These are just a few of the factors that will be factored in when determining how big of an insurance settlement or judgment you’ll receive:
- Hospital and physical therapy expenses.
- Costs associated with a permanent physical disability such as medical equipment and home upgrades for safety. Potentially, the lifelong support of the victim if they can no longer work and must receive ongoing healthcare.
- Pain and emotional trauma. A severe accident and long recovery can rob you of your enjoyment of life. The pain you experience, perhaps long-term, will affect your outlook. Depression and anxiety are common in patients faced with a long recovery.
- Wages you’ve had to forfeit while missing work.
- Destruction of property for personal items damaged in an accident in an apartment, home, or on business rental property.
- Travel costs. You can be reimbursed for the costs of making your doctor’s appointments. If you are temporarily or permanently disabled, these expenses can be enormous. You may have to travel out of city or out of state to see specialists.
Can You Be Evicted if you Sue your Landlord in a Personal Injury Case?
Filing a personal injury case against your landlord or a rental management company might cause you some anxiety. You’ll want to earn support for your injury, but you don’t want to lose a roof over your head.
California has granted renters some peace of mind in this regard. Landlords are legally prohibited from kicking you out for up to 180 days after you’ve filed a personal injury lawsuit. If a landlord does evict you, this would be cause to add this injustice to your lawsuit and perhaps secure even more in damages.
This protection doesn’t completely cover you though. If you fail to pay your rent or commit some other act in violation of your rental contract, the landlord could still send you packing. It’s important to stay current on rent throughout the course of your case.
It’s also critical to be on the lookout for any other forms of retaliation. A rental company may seek revenge through a price hike on rent or by taking away some of the protections you enjoy through your rental agreement.
Contact a California Rental Property Personal Injury Lawyer
When you or a loved one are injured while living in or visiting a rental property, make sure you know about the benefits available to you and your family.
When forced to deal with a landlord or a rental property manager in order to get fair support for your recovery, you could be facing off with a team of lawyers and insurance adjusters. Corporate lawyers do and say anything to pin your accident on you in order to save their employer money. It’s vitally important that you have your own California Premises Liability Lawyer to make sure you get the compensation you need to get back on your feet.
Contact attorney Martin Gasparian for a free and confidential case evaluation. Mr. Gasparian works with victims to make sure they are never held accountable for someone else’s negligence. You may feel helpless against a landlord or a giant rental property management company, but allow a California Attorney to turn the tables and help you earn the support you need.