Who Is Liable for an Accident in an Apartment Building?

When you rent a home, you rely on your landlord to perform maintenance and repairs as needed. You also trust that the property will be a safe and habitable place to live. In the event you’re injured in a rental and believe the issue resulted from landlord negligence, you must understand your legal options. Here are a few things to consider about liability and negligence in rental properties.

What Is Premises Liability Law?

Premises liability law stipulates that the owner of a property has a legal duty to protect others from injury and harm. In basic terms, that means property owners must remedy any issues that could possibly cause harm and must perform the proper maintenance to ensure the rental remains safe.

For instance, a broken railing in a staircase can potentially cause issues with falls. Accordingly, repairs should be made as soon as possible to keep tenants safe. The same issues can result from broken light fixtures, faulty door locks, and degraded windows. The landlord is obligated to repair these fixtures to maintain the proper level of safety and security in the rented home.

How Can You Prove That Your Landlord Is Negligent?

There are four components of negligence that must be met in order for your case to be successful. They include:

  • The landlord had a duty of care to the injured
  • The landlord somehow breached this duty
  • The landlord’s actions directly led to the injuries
  • The injured party suffered a quantifiable loss

The first point is satisfied by the rental contract, which established that the landlord had a duty of care to you. Next, you must prove the landlord was aware of the issue (or should have been reasonably aware as the property owner) and somehow did not rectify it.

The third point is often the most challenging, as you must show that the landlord’s breach resulted in the injuries you experienced. This often entails a statement from the medical professional who provided care to you. Finally, you must establish that you suffered some form of damage, such as lost wages at work or medical bills.

Premises liability cases are often complex, so you must have an accomplished legal team by your side. With over three decades of experience behind us, Martinez, Hart, Sanchez & Romero, P.C. will ensure your best interests remain a priority. We have extensive experience with many types of negligence cases, which allows us to develop an effective legal strategy.

We also believe that our clients in Albuquerque deserve quality representation, so we always conduct ourselves with professionalism and care. Contact us to learn more or call 505-343-1776 to schedule a consultation today.

Martinez, Hart,
Sanchez & Romero, P.C.

1801 Rio Grande Blvd NW

Suite A

Albuquerque, NM 87104

Phone: (505) 343-1776

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