Can a Tenant Sue a Landlord for Injury?
Yes. It is possible to sue your landlord if you get injured at a property you rent. If your injury results from negligence by your landlord, you could potentially sue them for personal injury.
One common question personal injury lawyers often receive is, “Can a tenant sue a landlord for injury on their property?” If you’re searching for the answer, the team at Sadaka Law has you covered. This comprehensive guide explores the legal obligations of landlords in New Jersey as well as tenant compensation rights when someone sustains an injury on a rental property.
Understanding Landlord Negligence in New Jersey
The landlord-tenant relationship goes beyond providing shelter in exchange for rent payments. Property owners are responsible for providing renters with a safe, habitable dwelling. Failing to provide such living conditions makes them negligent and, therefore, liable for certain injuries that occur on the premises.
Landlords must maintain their properties to alleviate any safety concerns for residents. According to the National Safety Council, falls comprise the majority of non-fatal and preventable injuries at 35%. In people aged 75 and older, falls become the leading cause of preventable injury deaths.
Poor property maintenance, such as failing to fix a cracked floor or clear snow and ice from outdoor surfaces, exacerbates the risk of a slip and fall. Injuries stemming from incidents like these make the owner liable.
Landlord’s Duties and Legal Obligations
Property owners in New Jersey must follow an implied warranty of habitability if they plan to rent or lease their space. In other words, it’s their legal obligation to make the space safe and secure for residents.
State officials recognize the following as standard landlord duties and responsibilities:
- Equipping the property with standard utilities
- Keeping painted surfaces smooth and free of chipping or peeling paint
- Utilizing protective screens on exterior doors and windows
It’s also up to the owner to comply with local building codes and repair components that are in poor condition. The owner must disclose any known hazards to tenants.
Can a tenant sue a landlord for injury on their premises? If an accident stems from neglecting basic property maintenance, personal injury attorneys can advise on the case and advocate for financial compensation.
Common Accidents and Injuries Due to Landlord Negligence
Say you slip and fall in your bathroom, stepping out of the shower. If your home is otherwise safe and in good condition, you can’t hold your landlord liable for the injuries you sustain. However, there are many instances of negligence that can make rental property owners liable.
These include:
- Slip-and-fall incidents from poor property maintenance: Broken bones and even spinal cord injuries can occur if a renter slips and falls on an unkempt property.
- Injuries from structural hazards: Unstable stairs, railings, or ceilings endanger tenants and their guests.
- Electrical injuries from faulty wiring: All electrical equipment must be up to code to avoid electrocution and other serious injuries.
- Health issues from mold, lead, or asbestos exposure: One’s health may suffer due to toxic mold exposure, which could indicate untreated water damage. The presence of asbestos or lead paint also comes with significant health risks.
- Security-related incidents: Poor lighting or inadequate locks that landlords refuse to fix could put tenants in harm’s way.
Gathering Evidence in Landlord Negligence Cases
Not only can a tenant sue a landlord for injury, but they may also be able to recover significant damages with sufficient evidence. Personal injury lawyers recommend taking the following steps to build a stronger case:
- Document unsafe conditions with photos and videos.
- Maintain communication records with your landlord, including text messages or emails.
- Collect witness statements from neighbors or visitors.
- Gather medical records linking your injuries to property conditions.
- Secure a written maintenance request history and building inspection reports.
Proving Negligence in Landlord-Tenant Cases
The success of every tenant injury lawsuit hinges on the proof of landlord negligence. The following elements help establish liability to support your claim of being in an unsafe rental property:
- Recognizing the owner’s duty of care: Review your landlord’s legal responsibility based on the implied warranty of habitability. This covers the amount of care they must put into the property so it’s a safe dwelling.
- Demonstrating a breach of duty through specific actions or inactions: You’ll have to show proof of your landlord’s negligence by highlighting their response to hazards.
- Proving causation between negligence and tenant injuries: Seeking medical treatment for your injuries is crucial. Physicians who treat you can support the claim that your physical injury is consistent with the supposed accident, such as a broken wrist after a slip and fall.
- Documenting economic damages: Keep a record of expenses you incur due to the accident, such as medical bills or property damage.
Comparative Fault and Tenant Responsibilities
It’s possible for both a landlord and their tenant to share fault for an accident, per New Jersey’s comparative negligence laws. Insurance companies awarding damages use a percentage system to determine the share of the fault.
Renters filing a lawsuit must not be more than 50% at fault for their injury; otherwise, they can’t receive financial compensation. Based on this liability assessment, tenants who are partially at fault, for example, by mistreating the property or not following the terms of their lease, will receive a deduction in their financial reward according to their fault percentage.
To maximize compensation, tenants must report dangerous living conditions immediately. Failure to notify landlords of safety hazards could make the victim liable and impact the damages they’re eligible to recover.
Procedural Steps and Legal Remedies
If you’re wondering, “How can a tenant sue a landlord for injury?” there are a few vital steps to follow. Seek medical treatment for your injury right away and gather evidence. Consult a personal injury lawyer with experience handling tenant-landlord cases and provide them with a copy of your lease.
After gathering sufficient evidence, your attorney will send a formal written complaint to the owner. Legal action may also include filing a complaint with municipal housing authorities.
You and the rental property owner could try mediation to resolve the conflict. If this proves unsuccessful, the case may end with a trial.
Statute of Limitations for Landlord Negligence Claims
Act quickly if you wish to file a premises liability claim. Every state has a different filing deadline, but the statute of limitations in New Jersey is two years from the date of the accident.
Certain instances may change this deadline, such as if the victim is a minor or if you’re suing a government entity. In cases of continuous violations, the statute of limitations may not begin until the last instance of violation. Those suing the owner for property damage rather than personal injury will have six years to file a suit.
In any event, it’s crucial to seek prompt legal action.
Types of Compensation Available
Can a tenant sue a landlord for injury and receive financial compensation? Personal injury lawyers negotiate on behalf of victims who incur both financial hardship and emotional distress due to their injury. If you file a premises liability claim, you may receive a settlement that covers:
- Related medical expenses and ongoing treatment costs
- Lost wages and compensation for a diminished earning capacity
- Property damage to your ruined belongings
- Pain and suffering damages
- Relocation expenses when necessary
Alternative Dispute Resolution and Next Steps
Just because you file a lawsuit, it doesn’t mean your case will automatically go to trial. Personal injury lawyers recommend exploring alternative dispute resolution forms.
Attend mediation and let an unbiased third party oversee talks between you and your landlord. Arbitration follows a similar process, though it always ends with a ruling from the neutral third party, whereas mediation might not end in an agreement. This serves as a faster alternative to a trial.
Consider pursuing small claims court if you’re only seeking minor damages. Cases eligible for small claims court in New Jersey fall beneath a threshold of $5,000 in damages. It’s worth bringing the case to trial if you can’t reach any settlement agreement and have significant damages at stake.
Special Considerations for Public Housing
Do you live in a public housing unit and sustain a serious injury due to poor property maintenance? You can file a complaint, but taking further legal action involves a much different process than suing the landlord of a private residence.
New Jersey’s Torts Claim Act protects these government entities from negligence lawsuits. It also prevents the awarding of pain and suffering damages except in cases of permanent disfigurement or loss of bodily function.
Commercial Tenant Rights vs. Residential
Renting a commercial space won’t always grant you the same rights as renting a residential property. In many cases, a business tenant’s rights boil down to their lease terms rather than public statutes. Filing a negligence claim against the landlord of a commercial space could mean pursuing either personal injury or business interruption damages.
Landlord Insurance and Settlement Negotiations
How can a tenant sue a landlord for injury and receive financial compensation? Typically, the property owner’s insurance company pays a settlement amount if lawyers can successfully negotiate with insurance adjusters. Companies may try to make lowball offers, but legal professionals recognize these tactics and advocate for fair amounts.
Withholding Rent and Repair-and-Deduct Rights
As a tenant, it’s within your rights to withhold a portion of your rent when the following occurs:
- The property isn’t fully habitable due to a vital defect.
- You didn’t cause the defect.
- You’ve notified the landlord and given them ample time to fix the problem.
State law allows you to repair poor conditions in exchange for a rent deduction. If you explore this avenue, make sure you gather the proper documentation for all self-repairs.
Why You Need a New Jersey Landlord Negligence Attorney
Don’t tackle a premises liability claim without the help of a knowledgeable lawyer. Reliable attorneys assist tenants with:
- Navigating complex landlord-tenant laws
- Determining the proper valuation of the claim
- Negotiating with the landlord’s insurance company
- Representing their client’s interests in court
Have peace of mind with the right legal team on your side.
The Sadaka Law Approach to Landlord Negligence Cases
Can a tenant sue a landlord for injury? Will filing a suit cost anything up front? Turn to Sadaka Law for personalized attention to your case.
We’re a trusted personal injury firm with a track record of successful premises liability cases. Our attorneys work on a contingency fee basis, meaning you won’t pay a penny unless we recover damages for you. Call 800-810-3457 for a free initial consultation and case evaluation.
