3 Types of Apartment Accidents That Lead to Personal Injury Claims

Posted in Apartment Accidents,Personal Injury on December 27, 2023

Living in an apartment complex should not involve having to navigate a myriad of potential hazards that could lead to personal injury. However, from the negligence of landlords in maintaining safe and secure premises to the unpredictable accidents that occur within the confines of an apartment unit due to poor upkeep, the risks are diverse. Hazards such as icy walkways, poorly lit staircases, or even unsafe balconies can turn everyday activities into dangerous situations. 

If you have been injured in an apartment complex accident, the role of a Los Angeles personal injury lawyer becomes crucial to hold liable parties accountable. At Soofer Law Group, we have extensive experience navigating the legal intricacies of these types of accidents and know how to best advocate for you to achieve a favorable outcome. 

3 Areas of Apartment Accidents That Lead to Personal Injury Claims 

While convenient for many, living in an apartment complex can expose tenants to various risks, leading to potential personal injury claims against property management companies and owners.

These accidents often stem from the landlord or management company’s negligence in maintaining the property, which can manifest in physical pain and other consequences in numerous ways, including the following:

1) Inside the Rental Apartment

A range of accidents can occur inside an apartment complex due to the landlord or management company’s failure to maintain a safe environment. Common incidents include:

• Electrical shocks: These may be caused by improperly grounded electrical sockets or worn wire insulation.
• Security risks: This may occur due to missing or broken locks, increasing the risk of assault or robbery.
• Unstable structures: These may include balconies, steps, or decks that may collapse or have weak railings.
• Damaged flooring: This can include torn carpets or loose floorboards, creating a tripping hazard.
• Falling objects: This may result from crumbling walls, loose ceiling tiles, or insecure light fixtures​​.

If you sustained injuries due to a landlord’s failure to maintain safe living conditions inside your apartment, you may have legal options to pursue compensation with the guidance of an experienced Los Angeles personal injury attorney. 

2) Common Areas and Property Exteriors

Accidents outside of the individual apartments but within the property limits are also common and can include the following: 

• Weather-related accidents: This includes accidents like falls due to uncleared snow and ice.
• Playground injuries: This occurs in cases where playgrounds within the complex are neglected.
• Staircase accidents: This may stem from poorly maintained stairs.
• Tripping hazards: This can be due to cracked pavement or potholes.
• Inadequate lighting: This makes areas like stairwells and parking lots hazardous, especially at night​​.

It is important to note that to have a successful apartment accident personal injury claim, the liable party must have reasonably known or should have known about the hazard and failed to remedy the condition in a timely manner. 

3) Landlord Negligence in General Upkeep

Property owners can contribute to many types of dangers in rental property, which may include the following:

• Hazardous sidewalks and stairways, both inside and outside the complex.
• Poorly lit parking lots, which increases the risk of accidents in these areas.
• Unsafe swimming pools, which can lead to drowning or other pool-related accidents.
• Neglecting weather-related hazards, such as failing to clear pathways of snow and ice.
• Lack of essential safety features such as smoke alarms and carbon monoxide detectors in apartments​.

In all these situations, the role of a Los Angeles personal injury lawyer at Soofer Law Group is vital, as we will help you navigate the legal complexities of your claim.

We fight to ensure you recover fair compensation for your injuries, which may include proving the landlord’s negligence, documenting injuries, filing liability claims, and negotiating with insurance companies for potential compensation.

Determining Negligence in Your Apartment Accident Claim

Determining negligence after an apartment complex accident can be difficult, but working with a lawyer can be extremely beneficial. The following four elements are items our dedicated firm can support you with. 

What Is Duty of Care in an Apartment Premises Liability Claim?

The first element in proving negligence is establishing that the property owner had a duty of care toward the injured party.

Property owners and occupiers of rental properties are legally obligated to maintain their premises in a reasonably safe condition for those who enter the property. This duty varies depending on the status of the visitor, such as the following:

• Invitees: Individuals invited onto the property, such as those participating in business exchange, are owed the highest duty of care. Property owners must regularly inspect the premises and promptly address any hazards.
• Licensees: Guests invited for non-business purposes, like social visitors, are owed a moderate duty of care. Property owners must address known hazards but are not required to inspect for unknown dangers.
• Trespassers: Individuals entering without permission are generally owed the least duty of care, though property owners cannot willfully harm them and must address any known, serious dangers. In other words, trespassers on the property should also be kept relatively safe by those managing the property.

By presenting that someone had a duty of care in your particular circumstances, you can indicate the level of responsibility they were expected to provide.

How to Establish a Breach of Duty in a Premises Liability Claim

Once a duty of care is established, the next step is to prove that the property owner breached this duty.

A breach occurs when the property owner fails to act as a reasonably prudent person would under similar circumstances. Examples of breaches include the following:

• Failing to repair broken steps or railings
• Neglecting to clean up spills or clear walkways of ice and snow
• Not providing adequate security in areas with known criminal activity
• Ignoring building code violations or safety regulations

In conjunction with duty of care, a breach in this duty indicates that an individual or management company may have been acting unlawfully or below the level of responsibility they are expected to provide.

Understanding Causation in a Premises Liability Claim

Proving causation involves showing that the unsafe conditions or the property owner’s breach of duty directly caused the injury.

There must be a clear link between the unsafe and dangerous condition and the injury sustained. This can be demonstrated through evidence such as:

• Photographs or video footage of the hazardous condition
• Witness testimony
• Maintenance records showing neglect
• Expert testimony to explain how the breach led to the injury

For example, if a tenant slips on a wet floor in an apartment building, they must prove that the landlord’s failure to address the leak directly resulted in the incident and subsequent injuries.

What Are Damages in a Premises Liability Claim?

The final element in a negligence injury claim is damages. The injured party must prove they suffered actual harm or losses due to the accident. These damages can include:

• Economic damages: Tangible losses like medical bills, lost wages, and property damage.
• Non-economic damages: Intangible losses such as pain and suffering, emotional distress, and loss of enjoyment of life.

Proper documentation is essential in establishing the extent of these damages. 

Speak With the Apartment Injury Personal Injury Attorneys at Soofer Law Group 

If you’ve suffered an injury in your apartment complex, whether from an accident inside your unit or in the common areas, seeking the legal guidance of a personal injury attorney is essential. With our extensive experience dealing with cases involving landlord negligence and unsafe property conditions, we know how to effectively advocate for your rights.

If you’ve been injured due to a condition your negligent landlord should have known about and rectified, don’t navigate this challenging time alone. Contact one of our personal injury lawyers today by calling (310) 861-4058 or filling out our contact form to understand your legal options. We can also help you find a doctor who can provide you with valuable and helpful medical care.