When you receive an injury on a rental property, who do you sue? A personal injury lawyer will tell you that, typically, the landlord/lady is the responsible party, but there are special circumstances where the proprietor is not the one to sue. There are also special circumstances where the proprietor is not the only one you sue. Here are some of those special circumstances and how they may apply to your injury case.
When Property Maintenance Is the Responsibility of the Tenants
If you fell on a rental property because of ice or you inhaled mold while visiting the home/apartment briefly, you would ordinarily sue the proprietor. However, if the proprietor has a signed agreement with the tenants that the tenants shall be responsible for all property maintenance, then you may have to sue the tenants and the landlord/lady (or sue just the tenants). The laws vary from state to state, so check with your personal injury lawyer about due process and who should be included with your lawsuit.
When You Are Hit You With a Vehicle on the Rental Property
Accidents happen, but when you are hit with a vehicle on the rental property, it may not be the landlord or landlady that you sue. In fact, it may not be a landlord or landlady problem at all, unless it is the landlord/lady and his or her car that injures you. In this case, it has nothing to do with the rental property (even though you were walking by it or standing on/near it). Instead, it has everything to do with who was driving, who owns the vehicle and the owner's/driver's auto insurance. Your personal injury lawyer will have to go after the driver's auto insurance to pay for your medical bills and expenses, and not after the property owner on whose property you were injured.
When You Are Hit with Flying Debris from the Rental Property
In a heavy windstorm, lots of heavy objects are picked up and thrown around. If you happen to be on a rental property during this time and flying debris (such as a loose shutter or window screen) happens to hit you on the head, you can sue the proprietor because loose objects should have been repaired and secured to the rental property. If the objects like a shutter or window screen had been repaired and secured, there is no way they would have flown off in a windstorm and hit you. Ergo, the proprietor is responsible for your injuries and you can sue him or her.
For more information, talk to a lawyer like Henry C. Devening.Share