You do not have to live in, work in, or otherwise navigate an unsafe environment. Property owner negligence can occur when property owners or managers fail to address dangerous conditions, such as crumbling steps, loose handrails, poor lighting, or improper drainage, within a reasonable amount of time. When these property hazards linger, they can cause serious injuries.
In this article, we explain what property owner negligence can look like, what you can do when a property owner or manager fails to fix a dangerous condition, and when an injury caused by an unsafe property may lead to a premises liability case.
Property Owners are Negligent if They Don’t Maintain a Safe Environment
By law, property owners have a responsibility to maintain a safe environment for tenants and visitors to their property. That means fixing dangerous conditions in a timely manner. But how do they know about these issues? There are two types of “notice”.
- Actual notice. This is when a tenant or visitor to the property notifies the property owner or management directly about an issue. This also applies to telling a store employee about a hazard like a spill that could create injuries.
- Constructive notice. This is when a dangerous condition has existed for long enough at the property that a property owner or manager should have known about it.
Actual notice might be the more obvious of the two types of notice. You see something; you say something; it’s supposed to get fixed. But constructive notice is also an important element of premises liability cases. That’s because property owners are required by law to conduct their own regular inspections, so they can catch property hazards before they cause serious injuries. This is important because not all dangerous property conditions are visible to the naked eye.
Constructive notice allows property owners to be held liable for injuries that were caused by dangerous conditions that lingered. Even when they “didn’t know” about them. If you live, work or otherwise frequent a property that has hazards that linger, the next section will help you determine what to do.
How Chaffin Luhana Can Help
Let Our Attorneys Fight For You & Your Family
What is Considered a Dangerous Condition at a Property?
A dangerous condition at a property is one that can cause a serious injury. Some dangerous conditions are easy to see like a light that’s out in a stairwell or a broken step. Others might be difficult to recognize unless you’re a professional (e.g. an engineer or property inspector) and know what to look for.
Here are dangerous conditions we frequently see in premises liability and slip and fall cases:
- Icy/unsalted walkways and stairs
- Water or ice that continues to collect in the same spot due to poor drainage
- Broken or uneven steps
- Cracked concrete
- Loose handrails
- Wet floors without warning signs
- Poor lighting in stairwells and parking lots
- Torn carpeting or flooring defects
These are some easily recognizable property hazards. Your property owner or manager should be conducting regular property inspections to catch structural issues before they lead to serious injuries.
What to Do if You See a Dangerous Condition at a Property
If you notice a dangerous condition at a property you live or work at, or simply frequent like a grocery store, these are the steps to follow to ensure it gets fixed. And what to do if the property owner refuses to do so in a timely manner.
Take Photos or Video of the Issue
Documenting the issue when you see it is the first step, because it shows the landlord or manager that a dangerous condition exists. It can also serve as evidence later if you need to file a premises liability or slip and fall case.
Notify the Landlord or Someone in Charge
The most important step in getting a dangerous condition fixed is to notify someone in charge. That can look like:
- Emailing the property manager or property owner
- Texting the property manager or property owner
- Notifying a store manager of an issue inside a store
Any time you can put your notice in writing, do so, because it creates a paper trail that could become important if the landlord fails to fix the issue.
Notify Your Local Authorities if the Landlord Fails to Fix the Hazard
If the property owner doesn’t make the repairs in a timely manner, you can reach out to the following local government departments for help:
- Your local code enforcement office
- Your local building department
- Your local health department
Your landlord can’t retaliate against you for seeking repairs and reporting their lack of cooperation. If the conditions make your living or working environment too dangerous to access (e.g. the only stairs to your apartment are unsafe), you can seek help from your city or county to relocate. Your landlord could be responsible for paying for your relocation fees.1
If your landlord fails to fix the issue before you or a loved one experience a serious injury, you could have premises liability or slip and fall case.
When is a Property Owner Negligent in Fixing a Property Hazard?
Property owners and managers generally have a responsibility to address dangerous conditions within a reasonable amount of time after they know, or should know, about them. What is considered “reasonable” can depend on the seriousness of the hazard, how long it has existed, and the steps taken to warn people or make the area safe.
Some hazards, such as exposed electrical wiring or other immediate safety risks, may require urgent attention. Other problems, like broken stairs, loose handrails, poor lighting, or damaged walkways, may not be fixed immediately, but they should not be ignored.
If you have reported a dangerous condition and it is not being addressed, consider documenting the problem and contacting your local building, housing, or code enforcement office. Depending on the situation, local authorities may be able to inspect the property and require the owner to correct unsafe conditions.
When Do I File a Premises Liability Case?
A premises liability case is a legal claim that a property owner or property management company was negligent in maintaining a safe environment for tenants and visitors. A successful premises liability case must show these four elements existed:
- A dangerous property condition existed.
- This dangerous condition caused a serious injury or death.
- The owner knew or should have known about the dangerous property condition.
- The owner failed to fix it or warn visitors and tenants about it within a reasonable timeframe.
If you or a loved one was seriously injured by a dangerous property condition, reach out to a lawyer for slip and fall cases, or premises liability lawyer.
Why You Need Experienced Lawyers for Slip and Fall Cases
Slip and fall and premises liability cases can be complicated. Insurance companies typically dispute whether the landlord received adequate notice, had enough time to fix the issue, and is completely at fault for the injury. An experienced premises liability lawyer, like those at Chaffin Luhana, knows how to preserve evidence like proof of prior complaints, repair logs and code violations that can help your case and ensure you receive a fair settlement for your injuries.
You are entitled to live, work, and otherwise navigate a safe environment. When landlords are negligent in maintaining their properties, it can be up to you to report it. But doing so can help prevent serious injuries from occurring. If serious injuries do occur, reach out to a lawyer for slip and fall cases. They can provide you with the legal guidance you need.
FAQ
What is the Statute of Limitations for Slip and Fall Claim?
In Connecticut, Pennsylvania and West Virginia, the statute of limitations on a slip and fall claim is generally 2 years from the date you’re injured.
In New York, the statute of limitations is generally 3 years from the date you’re injured.
Do I Need a Lawyer for My Premises Liability Case?
Since premises liability cases can involve complex questions about fault and require collecting evidence that can be hard to obtain, having an experienced lawyer can greatly improve the outcome of your case.
What is the Average Settlement Amount for Slip and Fall Cases?
Settlement amounts for slip and fall cases vary depending on the severity of the injuries involved, and other details of the case. Having a good slip and fall lawyer, like Chaffin Luhana, can help ensure you receive a fair settlement.
How do I Know if I Have a Premises Liability Case?
If you or a loved one were seriously injured by a dangerous condition on someone else’s property, and it was a condition the property owner knew about, or should have known about, you could have a premises liability case. Reach out to Chaffin Luhana today for a free case evaluation.