Landlord Liability to Injured Tenant

Question:  Is my landlord liable for injuries sustained in my home that I rent? Does it make a difference if the injury is to me or my guest?

Answer:  A landlord is not automatically liable for injuries sustained by a tenant or guest on the rented premises.  However, a landlord may be liable if it can be shown that the landlord knew or should have known of an unreasonably dangerous condition on the property.  This includes the area inside the premises as well as the outside of the property.  If the rented premises is a apartment complex, then the landlord may also be liable for injuries sustained in the common areas and parking lots of the complex.

But just like any other premises liability claim, the evidence must demonstrate that the landlord failed in their duty to inspect and maintain the premises.  Therefore, you have to be prepared to show that the cause of the injury was something that the landlord knew about, or would have discovered upon reasonable inspection.

A landlord can also be liable for injuries to your guest.  However, an injury to a guest brings up another aspect.  If a guest is injured in your apartment or home that you rent, then the guest may look to the landlord, as well as you, for compensation for the injuries.  Even if the if the guest makes a claim only against the landlord, the landlord will attempt to turn around and make some claim that the cause of the injury was solely, or partially, caused by the tenant.  This would be expected since the tenant is the one who maintains continuous possession and control of the premises.  That is why it is a good idea for tenants to have renters insurance to protect them in the event a claim is made by an injured guest.

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