Home is your haven, but letting your guard down there is easy. Falls, burns, and even drownings can happen in the blink of an eye.

If you live in a rental and have a nasty accident, you may wonder whether you can take legal action against your landlord. So, can you sue a landlord? Maybe. It depends on whether the landlord acted negligently.

Below, a slip-and-fall lawyer in Charlotte explains the ins and outs of lawsuits against landlords.

Can You Hold Your Landlord Liable for Negligence?

If you wiped out after stepping on some spilled potato salad at the grocery store, you could sue the store owner for not cleaning it up. But what if you fall at your apartment complex? Can you sue the landlord?

It depends. First, consider where the accident happened and who caused it. If it happened in your apartment and the landlord had nothing to do with it (for instance, you fell in the shower because of your carelessness), you can’t hold them liable.

If, on the other hand, the accident happened in a common area, such as a stairwell or courtyard, you may be able to sue for negligence. To do that, you’ll have to prove that the landlord knew or should have known about a hazard and didn’t correct it.

Check out these examples:

  • The decrepit old stairs leading up to your apartment have been crumbling for some time. You asked the landlord to fix them, but she hasn’t lifted a finger. One night, a stair gives way, causing you to crack your head on the pavement.
  • The landlord is doing some landscaping and has been digging holes in the courtyard to plant bushes. He failed to put up signs warning tenants away from the holes. You step in one of the holes and break your ankle.
  • One rainy day, you go to the office to pay your rent. The landlord didn’t put down floor mats or “wet floor” warning signs, so when you step into the office, you slip and fall.

It might be possible to sue the landlord for an accident in your rental. Landlords are responsible for maintaining a safe living space for tenants. If your landlord slacked on their duties, and you sustained an injury as a result, you could hold them responsible.

Understanding Negligence Per Se

Negligence per se is a legal concept that might apply to your case. It says you can hold a landlord responsible if you suffered an injury because they broke the law.

For instance, landlords must install smoke detectors in each unit. If yours didn’t, and you were injured in a fire, the landlord is liable.

Under negligence per se, you don’t have to prove the landlord acted negligently. A court will automatically conclude that the landlord was negligent because they violated the law.

Can You Take Legal Action Against Your Landlord If You’re Partly at Fault for the Injury?

Can you sue a landlord if you’re partially at fault for your injuries? Suing a property owner, in this case, may be possible, but it comes down to where you live.

In South Carolina, victims can recover damages only if they’re less than 50% at fault. For instance, if you’re 30% at fault, the court would reduce your award by that amount.

North Carolina is much more strict. Here, you can’t recover damages if you’re even 1% at fault.

Regardless of where you live, expect your landlord to fight like a rabid dog to shift the blame to you however they can. You’ll need a tough personal injury lawyer to fight back and win.

Exceptions for Minors

The law makes exceptions for minors who are partly at fault for their injuries. Landlords should know that little ones naturally gravitate toward pools and play areas, where accidents can happen, and take steps to protect them.

If a child goes into a play area and hurts themselves on a rickety jungle gym, their parents could hold the landlord liable — likewise if a child enters a pool area, falls in, and drowns. This is true even in trespassing cases, as the landlord should have put up some type of deterrent (such as a fence) to protect young ones.

Learn More About Tenant Rights and Lawsuits

Still wondering, “Can you sue your landlord?” Our attorneys at Yale Haymond Law PLLC can help you find the answer. We’re well versed in handling common slip-and-fall injuries and can advise you on what to do after a slip and fall accident.

For a free consultation, call (704) 800-HELP.