Personal Injury Lawyer in Fairfax Virginia Explains Premises Liability
Homeownership is a difficult prospect for many people in the United States. Many Americans are resorting to renting homes or other types of residences. Some landlords may rent properties that contain safety hazards, such as broken stairways or faulty electrical systems.
Renters and their family members may pay a steep price when landlords fail to remove hazards from the premises. A recent case in Washington, D.C. where tenants suffered harm can serve as an example. Several weeks ago, a man died and a 9-year-old boy suffered serious injuries after a fire broke out in the basement of an illegal rowhouse. A rowhouse is a row of houses joined together with sidewalls. In this case, a landlord rented the dangerous property to tenants from Ethiopia who were not aware of their legal rights.
D.C. fire officials confirmed the rowhouse lacked a rental permit and contained several life-threatening hazards. The building had broken smoke detectors, narrow hallways, and metal bars that covered the windows and front door.
When a Landlord Is Liable for Rental Property Injuries
You would need to demonstrate your landlord was negligent. Additionally, you would have to demonstrate that your landlord’s actions or inaction was a proximate cause of your injury or loss.
Courts could look at several factors to determine whether your personal injury case merits compensation.
- You would need to show the landlord had control over the hazard that caused your injury.
- Landlords must warn tenants of hazards that may not be obvious. For instance, your landlord would have to warn you about uneven surfaces or asbestos insulation.
- The hazard must be foreseeable, which means a person could reasonably observe the danger under the circumstances.
- Landlords may be liable for failing to fix hazards that are likely to result in serious injuries or deaths. Examples could include rotting wooden support structures (such as floor beams on a balcony) or faulty electrical wiring that raises the risk of a fire.
- In many cases, landlords could be liable if they were capable of taking inexpensive steps to resolve a particularly dangerous hazard, such as placing a sign on a wall that warns of uneven surfaces.
- Landlords must take steps to prevent accidents that could harm tenants. Specifically, landlords must exercise reasonable care to prevent injuries among tenants. Rules regarding reasonable care are different for minors.
- There are cases where it is possible to pursue a negligence per se claim against the landlord. This means a landlord failed to follow laws that are in place to keep tenants safe and a tenant suffered harm as a result.
- Landlords could be liable for injuries caused by criminal activities. For instance, a landlord could be responsible for a tenant’s damages if he or she had notice of criminal activities and did not take steps to protect the tenant.
Many tenants are unaware of their rights. You should speak with an attorney if you or a loved one suffered harm on a rental property.
Compensation from a lawsuit can help you pay for damages associated with your injury. For example, if you incurred tens of thousands of dollars in medical bills, a settlement or jury verdict could cover those costs.
It can be difficult to show your landlord is liable for your injuries or loss. Your landlord may try to claim that you are responsible for the accident. An experienced attorney can help you avoid this pitfall by demonstrating that your landlord is responsible for your damages.
Personal Injury Lawyer in Fairfax Virginia
If you or someone you love has been injured due to a property owner’s negligence in Fairfax VA or anywhere in Northern Virginia, Washington D.C. and in Maryland, contact our firm today. You can schedule a free consultation with a premises liability attorney at Hilton & Somer, LLC by dialing 703-560-0700 or using our online case review form.
