There’s a legal duty incumbent on every California landlord to maintain their property. As such, landlord liability depends on maintaining a reasonably safe condition, free from open hazards or hidden conditions that might injure their tenants or visitors. Therefore, if a tenant or visitor is injured by such a condition, the landlord could be held liable for their injuries and damages. That’s a fundamental rule of premises liability law. Aside from motor vehicle accidents, more people are injured and admitted to hospitals in premises liability cases than any other personal injury cases. Here at Maison Law, we represent the victims of premises liability cases in their pursuit of maximum monetary compensation for their injuries and damages.
Types of Cases
Under California premises liability laws, a landlord can be held liable for a wide range of accidents due to by hazards or dangerous conditions. Here are just a few examples of some of them:
- Slip-and-falls or trip-and-falls
- Falls from heights
- Decks or balconies collapsing
- Falls down poorly lit or poorly maintained stairways
- Fires or explosions
- Carbon monoxide poisoning
- Negligent security
The Landlord’s Duty to Inspect
A landlord’s denial of knowledge of a dangerous condition that caused injury to somebody isn’t a viable defense. For instance, landlords must conduct periodic inspections of the common elements of a premises. Furthermore, if a tenant vacates a premises, the landlord must conduct a thorough inspection of the rental unit. Then, if there are any unsafe conditions present, the landlord must take reasonable precautions to avoid injury.
What Victims Need to Show
The mere fact that an injury occurred on leased property isn’t enough to sustain a personal injury claim or lawsuit against a landlord. Here’s what victims need to prove in order to prevail on a premises liability personal injury lawsuit in California:
- The landlord was responsible for maintaining that part of the premises where the victim was injured
- The landlord knew or should have known of the hazard or dangerous condition that injured the victim, but failed to warn of the condition or remedy it
- Warning others of the condition would not have placed an undue hardship on the landlord
- The accident and injuries were foreseeable
- The landlord’s failure to act caused the victim’s injuries
- The victim’s injuries and damages are compensable under California law
Damages in Landlord Liability Cases
Victims of premises liability personal injury cases are eligible for economic and non-economic damages. For example, economic damages typically consist of present and future medical expenses, lost earnings or diminished earning capacity. So, non-economic damages that a victim might suffer include pain and suffering, any permanent disability or disfigurement, hardship and inconvenience and diminished enjoyment of life. In the event of a wrongful death, funeral and burial expenses are compensable along with other substantial damages.
Learn More About Landlord Liability in Your Case
If you were a tenant or a guest injured by a hazardous condition on a landlord’s property, anywhere in California, contact us at Maison Law. We can provide a free and confidential consultation and case evaluation. Tell us what happened and how it has affected you, so we can advise you on your legal options. There are no up-front fees to represent you, and there are no legal fees due unless we obtain a settlement or award for you. Of course, our goal would be to obtain the highest sum for you that you deserve. Fill out our form so a member of our team can contact you today.
