What are My Landlord's Responsibilities to Prevent Injuries?

Saturday, July 21, 2018

What are My Landlord's Responsibilities to Prevent Injuries? 

In Florida, thousands of people rent homes, condominiums, and apartments every day. When renting a new residence, renters have the expectation that the dwelling will be in a safe condition and that the landlord will do their part in maintaining the property repair. As with any home, there is always a chance that you or someone else may get hurt while spending time at your rental property. In some cases, your landlord may share in the responsibility for the injury. Here is what you need to know about your landlord’s obligations to prevent injuries:

Premises Liability

When someone owns property, they have a responsibility to make sure it is safe for others. If a person is injured on another person’s property, they may wish to hold the property owner legally responsible. This type of legal claim is known as premises liability. Premises liability can be raised against home and business owners and the injured person will have to show that their injury was due to the property owner's failure to keep the property safe. Premises liability usually requires that a claimant show:

· The property owner had a duty to make the location safe for the injured person;

· The person was injured on the part of the property which the property owner was responsible for keeping safe;

· That the property owner was aware or should have been aware of the dangerous condition;

· The owner did not repair or provide notice of the dangerous condition; and

· That the injured person was harmed by the dangerous condition.

Florida Landlord Responsibilities

In Florida, there are some situations where a landlord can be liable for injuries which occurred on their rental property. This could involve the injured person proving that the property was not safe when they began occupying the space. For instance, the building was not up to the requisite health and housing code requirements. Another way in which a landlord may be liable is if the landlord did not repair a defect for which the tenant had given the landlord notice. Landlords can also be held responsible for other known dangerous issues which they have failed to address such as security matters.

Florida tenants are entitled to have a rental property for their use which is safe and is kept in sound condition. If you or someone visiting you has been injured in a rental property, it would be advisable to consult with a personal injury attorney in order to evaluate your case. At the Draper Firm, we have knowledgeable and experienced personal injury attorneys who understand the issues which arise when a person is injured due to a landlord’s negligence. We are here for you and can help. Contact us today to schedule a free consultation.


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