I was Injured on Rental Property. Who Pays for My Injuries?

In a premises liability lawsuit, the property owner or the person who controls the property can be held liable for your injuries. But that does answer the question of who is liable for your injuries when they occur on rental property.

It can be a complicated question.

If you are not the tenant, you may find the landlord and tenant, or their insurance companies, pointing the finger at each other.

If you are the tenant, you may have to fight for the compensation you deserve.

Either way, you’ll need the help of an experienced premises liability attorney or you could miss out on the compensation you deserve. McPhillips Fitzgerald & Cullum LLP, is here for you.

Establishing Liability

Landlords and tenants each have responsibilities. Many of those responsibilities are outlined in the lease, but many are not. Some examples of landlord responsibility include:

  • Areas of the property that are only controlled by the landlord, often common areas such as parking lots and hallways
  • Dangerous conditions the landlord knew about but did not warn the tenant about
  • Repairs the landlord knew were needed and agreed to make but failed to make or repairs were inadequate
  • Basic security, such as changing the locks when a new tenant moves in and stronger measures where the need for them is known to the landlord

Landlords do not have control over conditions tenants create in the privacy of their dwellings and are not responsible for injuries caused by those conditions under most circumstances. Although, there can be exceptions if the behavior was foreseeable or known to the landlord.

If you have been injured on rental property in New York or Florida, whether as a visitor or a tenant, talk to the experienced premises liability attorneys of McPhillips Fitzgerald & Cullum LLP, today to learn more about your rights. Call today or email us to schedule your free initial consultation.


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