Determining Landlord Liability in Slip and Fall Cases
Many “slip and fall” cases revolve around the landlord/tenant relationship. In such cases, the plaintiff alleges that the defendant was negligent in maintaining his property, claiming that this negligence resulted in the plaintiff’s injury. However, determining liability becomes much more complicated when it is a rented property. It is often not immediately clear who, the tenant or the landlord, was responsible for the upkeep of the property and thus responsible for the plaintiff’s injury.
Experienced Orange County personal injury attorneys look at a variety of factors when trying to deal with such an ambiguity. These factors include the following:
- Did the accident occur in a private area on the property that are solely under the control of the tenant, or did the accident occur in a common area subject to the landlord’s control?
- Did the defect that caused the accident existed at the time of leasing? Was the defect the result of failure to conform with some safety regulations? Or was the defect a result of improper maintenance of the property on the part of the tenant?
- What is the relationship of the plaintiff to the landlord? Is the plaintiff the tenant or a guest of the tenant? Was the plaintiff a guest of the landlord? Was it a social or business visit? Was the visitor a mailman or a meter checker?
If you were injured in a slip and fall case, these questions will help your attorney determine who exactly was liable for your injury and help him secure the money you deserve. Call today for a free initial consultation with experienced Orange County personal injury attorney Samer Habbas at 888-848-5084.