Slip and fall accidents can occur anywhere, at any time. Depending on where you fell, you may have the right to take legal action to pursue compensation for the damages you sustained. However, this right does not always apply, especially if the fall occurred in your own home.
For this reason, accidents that occur in apartment buildings can be challenging to resolve. Although you do not own your residence, you are responsible for keeping it safe. Still, the landlord is legally obligated to prevent dangers to tenants by providing regular maintenance. If you are seeking to file a claim against your landlord for your slip and fall accident, there are several crucial grounds for a lawsuit to be fully aware before taking your case to court.
One of the most important details that victims must prove in slip and fall accidents is that the property in which they fell belongs to another individual. This is because the case’s success relies on the fact that the owner was negligent in their property maintenance, resulting in the hazards that caused you to fall. In an apartment complex, it may be true that your landlord owns the property. However, if you cannot demonstrate that their actions (or lack thereof) were the cause of your slip and fall accident, you will not have a case.
Your lawyer will help you prove the following points in your slip and fall lawsuit:
- The landlord was responsible for providing a safe living or common area. This responsibility is called the “duty of care.”
- This duty of care was neglected and was, therefore, the direct cause of your slip and fall accident.
- Note: Your landlord needs to have had the opportunity to learn about the hazard and resolve it. If you failed to provide notice or submit a maintenance request for a leak or broken floorboards, for example, your case may be substantially weakened.
Consult with your lawyer to determine the extent to which your landlord is responsible for your accident. They can help collect evidence demonstrating your attempts to seek assistance for eliminating the hazards in your apartment, or the lack of visible caution signs in public areas.
Seek a Lawyer’s Assistance for Your Slip and Fall Case
As a tenant, you have the right to reside in an apartment complex that is free of preventable hazards. To defend this right, you will need to demonstrate your landlord’s owner to respect this right. Before you contact a lawyer, take photos and videos of the area where you fell. Make sure to document the hazardous conditions that caused the accident, and keep this evidence with copies of your maintenance requests and complaints.
Visit a physician after the accident as well, since you are likely to have sustained injuries in the fall. Your medical documentation will serve as evidence for the incurred damages and the foundation of your compensation claim. Once you have these elements, contact an experienced lawyer. They will investigate your case and use each piece of evidence you’ve gathered to prove the landlord’s fault in your accident, and secure the funds you are owed for your recovery. To start your case, get in touch with a lawyer today.