What to Do When Landlord Negligence Causes an Accident

Homeownership is expensive, and renting may be your best or only option. While this should provide you with safe housing, landlords can be negligent, and their negligence can leave you with damaged property, injuries, and illnesses you shouldn’t have experienced in the first place.

If you or a loved one have suffered an accident due to landlord negligence, make sure you know your rights. The lawyers at Conway, Pauley & Johnson P.C. understand how stressful it can be to be seriously hurt by the carelessness of your landlord. We are here to make sure you understand your options.

What Constitutes Landlord Negligence?

There are many things that landlords are required to do prior to renting space to ensure that the renter is correctly informed about what they are spending their money on and that the renter is secure.

It is the landlord’s responsibility to ensure a safe environment for their tenants. They must legally disclose things, yes, but are also obligated to fix them. If a landlord tells their tenants that the windows don’t close properly, they are still obligated to repair the windows in a timely manner.

Landlords are also required to disclose a number of things, including: 

• Details about security deposits
• Any nonrefundable fees
• Existing damages to the property
• Tenants’ rights to be present for move-out inspections
• Details on local rent control rules
• Information about local registered sex offender databases
• Shared utility arrangements
• Information on maintenance of smoke and carbon monoxide detectors
• Any health hazards present (ex. mold, bed bugs, radon, and lead-based paint)
• The identity of the landlord or property manager
• If the property is in a flood zone or has recently flooded
• Smoking policy
• Any housing code violations

Failure to disclose is a form of negligence. The consequences can vary from fines to loss of a landlord’s rental license, depending on the situation.

Your landlord must keep the premises in a habitable condition, and maintain the good working order of all electrical, plumbing, sanitary, heating, ventilation, and any other supplied appliances. They must also provide trash receptacles and arrange for trash removal, and provide running water, hot water, and heat. Failure to do any of these things also constitutes neglect.

Steps to Take Following an Accident

Always keep a written record of maintenance requests. Today, the easiest way to do this is via email. Email is ideal because you can keep track of not only your landlord’s responses, but include timestamps.

Be sure to take photos as well. It is good practice to take and send photos of any maintenance requests. The more thorough you can be in documenting your incident, the better off your case will be.

Any medical bills or hospital records from the accident should also be compiled and sent to an attorney as soon as possible. These records show how badly you were injured by your landlord’s actions, so talk to your lawyer about collecting this information. 

Talk to a Lawyer about Your Landlord’s Negligence

Finding a reliable attorney is a vital step in protecting your best interests. If you or a loved one have suffered an accident due to landlord negligence, know that there are resources available to get you the financial compensation and legal support you deserve. 

Conway, Pauley & Johnson P.C. are ready to fight for you and are available for free consultations. Call 402-462-5187 or complete the following online contact form today to see what an attorney can do for your case.