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Slip and fall accidents that occur at a private residence may be the homeowner’s legal responsibility if he or she caused or failed to prevent the hazardous condition that caused the accident. Liability for falls that occur at a rented home may rest with the landlord and/or the tenant. Personal injury claims are typically covered by homeowner’s insurance or, in the case of a rental property, renter’s insurance.

Claims Against A Homeowner

Imagine that you are invited to a friend’s house for a visit. While at the house—which your friend owns —you slip on a wet spot on the floor, fall down and break your arm.

Homeowners have a duty to keep their properties reasonably safe for guests. If you can prove that this duty was breached (in other words, that the homeowner was negligent), your friend may be liable for your injury.

The test for negligence involves showing that the homeowner:

  • Caused the dangerous condition; or
  • Knew or should have known about the dangerous condition and failed to remedy it.

While you may feel awkward about filing an injury claim against a friend, family member or neighbor whose home you were hurt in, remember that most homeowners have insurance that covers them in the event of a personal injury such as a slip and fall.

Claims Against A Landlord

Now imagine the same slip and fall accident scenario above, with one significant difference – the friend rents, rather than owns, the property. In this example, your friend is the tenant, and another person is the landlord who owns the property.

Whether your claim is against the person renting the home or the landlord, you still must show that the individual caused, knew about or should reasonably have known about the dangerous condition. Bear in mind that it can be difficult to prove that a landlord was negligent, since he or she can’t reasonably be expected to know about every dangerous condition that arises in the rented home. This is especially true of things such as spills and slippery floors, although it’s less true of permanent features such as staircases, plumbing and flooring.

While you may have a claim against a tenant for a wet spot on the floor caused by a spilled drink, you likely won’t be able to show that the landlord was negligent in any way for the spill. If, on the other hand, the wet spot on the floor was caused by leaky pipes or a hole in the roof that the landlord should have known about and fixed, you may have a claim against the landlord.

Speak With An Experienced NYC Slip And Fall Lawyer

Slip and fall cases should be discussed with a lawyer who has handled premises liability lawsuits before. David Resnick & Associates, P.C., have obtained sizeable verdicts and settlements for injured clients in the past, and we will seek nothing less than the best possible resolution of your case. To learn how we can help, schedule a free consultation today.

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