California Landlord Liability Attorneys
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Our Landlord Liability Attorneys In California Help Injured Tenants Protect Their Rights
If you are renting a house or apartment, you have the right to live on safe, well-maintained premises. Landlords who fail to maintain their property in a reasonably safe condition may be held responsible for injuries caused by their negligence. Our landlord liability lawyers can help you pursue compensation under California law. Call us at (888) 488-1391 to schedule a free initial consultation.
Some injuries, such as a minor burn or light bruise, might not be too serious. However, a child falling into a pool can be catastrophic. All California renters need to know what rights they have after getting injured on a rental property.
Our personal injury law firm is committed to helping injured tenants understand their legal rights after an accident. Landlords may be held legally responsible if their failure to maintain safe conditions causes tenant injuries. Leaving a dangerous condition unaddressed puts tenants at risk of injury.
Our attorneys have practiced personal injury law for decades and handle landlord liability cases throughout California. Our team helps tenants explore whether they may have legal claims for injuries connected to unsafe property conditions.
How California Landlord Liability Attorneys Can Help
Arash Law’s landlord liability lawyers in California are available to help tenants explore legal claims under California law. As a tenant, knowing and understanding your rights is important, and we can help you with that.
Let us give you the clarity you need on how our landlord liability lawyers can help you with your legal claim:
- We Provide Legal Insights — Understanding landlord responsibilities and their failure to maintain tenant safety due to oversight is crucial. Getting legal advice from an experienced lawyer can help you build your case.
- We Negotiate Settlements — As knowledgeable negotiators, our landlord liability lawyers engage with landlords and insurance companies to seek fair settlements under California law.
- We Can Represent You in Court — If negotiations do not resolve the matter, we can file a lawsuit and present admissible evidence to the court.
- We Can Evaluate Your Case — We can assess the merits of your potential case to identify viable legal action. Our tailored approach can help you make informed decisions regarding your personal injury claims.
As much as tenants have their duties to uphold, landlords also have their legal obligations to them. When unsafe practices and negligence result in injured tenants, this breaches their duty of care to renters. If you ever find yourself injured due to such circumstances, California law protects against certain forms of landlord retaliation.
We understand that holding landlords accountable for an accident and injury can be complicated. A lawyer can answer your questions and give you more time to focus on recovery as they handle legal matters.
Why Hire Our Landlord Liability Attorneys In California
Working with a lawyer familiar with landlord liability cases and insurance procedures can help you understand how claims are handled.
Our California landlord liability lawyers help renters evaluate potential claims that may involve unsafe property conditions. Our team is prepared to negotiate with landlords and their insurers. We are also ready to take your case to court if necessary. Call (888) 488-1391 to schedule your free initial consultation with an experienced California injury landlord liability lawyer.
FAQs About Landlord Liability Cases
Can I Sue My Landlord For A Shower Scalding Injury?
If evidence shows the landlord failed to maintain safe water temperatures and that failure caused the injury, you may have grounds to bring a claim.
When filing a personal injury claim, you need to show the landlord’s responsibility and carelessness in the accident. Depending on the facts of your case, you may be eligible to seek compensation for your injuries.
Can A Tenant Sue A Landlord For An Injury?
Tenants can sue a landlord for injuries if the landlord’s negligence caused the injury. An example of this is failing to repair hazards that brought about tenant injuries.
You may file a lawsuit against your landlord or request damages if you prove that their carelessness directly caused your injuries. The deadline for filing your claims is up to two years from the date of the accident.
How Much Does A Tenant Lawyer Cost In California?
The cost of hiring landlord liability lawyers in California usually varies on a per-case basis. Our firm works on a contingency fee arrangement, so attorneys’ fees are only collected if we obtain a recovery. Any costs will also be explained before you agree to representation.
You can fill out this contact form so we can reach out to you for a free initial case evaluation.
How Can A Landlord Liability Lawyer Prove My Case?
California landlord liability lawyers can help you gather evidence of possible negligence. These pieces of evidence include maintenance records, inspection reports, witness statements, and expert opinions. All evidence gathered will be used to prove if a landlord has breached their duty of care that resulted in your injuries.
What Is Landlord Liability?
Landlord liability means the responsibility of a landlord or lessor for an accident or injury that happens in their rental properties. These properties can include a house, apartment, building, or land that a tenant or a lessee rents. For example, electrical systems in a rental property should be updated and properly maintained. If a tenant has an electrocution accident from exposed wires, they may file a claim with a personal injury lawyer. The law requires landlords to maintain reasonably safe rental properties, and courts may hold them liable if negligence contributes to a tenant’s injury.
The National Safety Council reported that approximately 16% of people got injured at home or in their communities in 2023. In the same year, 175,300 individuals died due to preventable injuries occurring in their homes or community venues. Fire and smoke inhalation, drowning, falls, and poisoning are some of the most common household injuries.
If you rent property, your landlord has a legal obligation to maintain the home in a safe condition. Landlords who fail to do so can be held liable for injuries that occur as a result of their negligence. Several legal theories may allow a tenant to seek compensation for injuries, depending on the facts.
Landlord Negligence
Landlords have a legal obligation to practice due care in managing their properties. The care owed to tenants is that which a “reasonably prudent” landlord would exercise. Case law has interpreted different situations to determine what, exactly, is reasonable to expect a landlord to do to maintain their property in a safe condition.
Property owners also have a duty of care to maintain common areas. Pools, spas, stairways, and other common areas have many hazards that can cause injuries to tenants and their guests. Because landlords have a duty of care to maintain common areas as well as rental premises, they can be held liable for injuries that occur there.
So what would the “reasonably prudent” landlord do to maintain their rental property? The answer varies depending on the circumstances. Here are some common examples in which a landlord could be held liable:
- The landlord fails to respond to requests for repairs or notification of a dangerous condition.
- The landlord failed to make the promised repair to correct a dangerous condition in a timely manner.
- The repair is not finished, not completed correctly, or otherwise made carelessly.
- The landlord does not warn the tenant of a dangerous condition that is not apparent to the tenant at the time the lease is made. For example, flooding rain gutters might not be evident if you view the property on a sunny day, but the landlord likely knows about this condition and should warn tenants of the flooding hazard when it rains.
One critical aspect of liability is the landlord’s knowledge of the condition. If a tenant does not make the landlord aware of a condition that arises during occupancy, the landlord may not be held liable for not correcting it.
How To Prove Landlord Negligence
When landlords fail to uphold their legal obligations to their tenants, leading to injuries, they may be held liable due to negligence.
The connection between a landlord’s actions and a tenant’s injury may not be immediately apparent. However, after being injured in an accident at the very place where you’re supposed to be safe, following these steps can help prove your landlord’s negligence:
- Document the Incident — Accident victims may use photos, written records of complaints, maintenance requests, and communications with the landlord. This helps safeguard your documents from unsafe conditions or failures of upkeep.
- Gather Evidence — Witness statements, accident reports, inspection records, and expert opinions substantiate claims of negligence against the landlord.
- Establish Duty of Care — Local housing codes, state laws, and even lease agreements are great references that outline their legal obligations to you as their tenant.
- Show Breach of Duty — Unaddressed maintenance issues, safety hazards, or code violations implicate the landlord’s failure to care for its tenants.
- Demonstrate Causation — It is critical to establish the direct link between your injuries and your landlord’s negligence. For example, a slip-and-fall accident may occur because of an unrepaired staircase. Despite knowing the hazard, if the landlord fails to repair the stairs, they can be held liable.
- Prove the Damages — Present evidence of the financial, physical, and emotional damages due to the landlord’s negligence. This may include medical records, bills, and proof of lost income.
client suffered lower leg injuries.– Judd Ross Allen
Legal Violations
Proving a landlord’s negligence can be challenging. It often comes down to whether an insurance company or jury agrees that the landlord was negligent. However, accidents that cause injuries may involve a landlord who is violating applicable zoning laws and building codes, the administrative codes, safety rules, or even clear rules that are codified in California statutes.
These are some examples of violations that can be strong evidence of negligence:
- Habitability Violation — A landlord ignores repeated tenant complaints about a broken heater in the middle of winter. This violates the requirement of maintaining habitable living conditions.
- Liability for Injuries on Premises — If a tenant is injured by tripping over an unrepaired, protruding floorboard that they had previously reported to the landlord, this results in potential liability for injuries due to negligence.
- Retaliation Protection — Should a tenant’s complaint about living conditions be met with unlawful raises in rent as a form of retaliation, they are violating California Civil Code Section 1942.5.
Another example is that many cities and counties, like Sonoma and Los Angeles, require a fence meeting detailed specifications around any pool. A landlord whose pool does not have the necessary fence violates the city ordinance, and this is strong evidence of negligence.
Parents can seek legal advice about possible claims if a child suffers injuries in unsafe pool conditions on rental property.
How Do I Report A Landlord For Negligence In California?
To report landlord negligence, you must follow specific procedures for your complaints to be properly addressed and resolved. These cases often get complicated as landlords can deny allegations by implying tenant negligence, “wear-and-tear,” or questioning the seriousness of injuries or damages, to name a few.
In these cases, we recommend following these steps:
- Contact Relevant Authorities — These include housing agencies, code enforcement departments, or tenant advocacy organizations. These organizations have the authority to investigate complaints and take action against negligent landlords.
- File A Formal Complaint — With the help of landlord liability lawyers, you may document all incidents to file a strong complaint with the relevant authorities. Specific details and supporting evidence should be provided.
- Cooperate With Investigations — You may be required to provide additional information, allow inspectors to access the rental property, and participate in interviews or hearings.
- Call Our California Landlord Liability Lawyers — To avoid further complications with your claim, seek the support and guidance of lawyers who focus on landlord liability claims.
Common Tenant Injuries Due To Negligent Landlords
There are many different injuries a person can sustain in and around the house. Here are some common injuries for which a landlord might be held liable:
- Water Heater Burns — Burn injuries may occur due to faulty water heaters or settings that are too hot. This is a significant risk to young children and older adults.
- Pool-Related Incidents — Landlords are generally not liable for adults who cannot swim but choose to enter the pool. However, faulty pool gates that allow young children access can lead to drowning or near-drowning incidents for which landlords can be held accountable.
- Playground and Recreational Area Injuries — Children are prone to injuries in playgrounds, splash pads, and recreational equipment. Landlords bear a higher duty of care to maintain these spaces to avoid the risk of causing injuries.
- Stair-Related Injuries — Injuries from stairwells are often the result of insufficient maintenance, for which landlords are liable. Outdoor stairs are usually poorly lit and exposed to elements, hence requiring more attention.
- Falling Housing Material Injuries — Negligence can lead to injuries from falling objects like roof pieces, ceiling tiles, drywall, and siding. Landlords have the responsibility of maintaining their property to avoid such accidents that cause harm to residents.
- Storage Facility Hazards — In larger rental complexes, storage areas for landscaping, maintenance, and cleaning materials can pose risks, especially to children. These hazardous equipment and chemicals should not be accessible to children, as landlords can be held liable for resulting injuries.
Common Types Of Accidents That Happen On Rental Properties
- Slip-and-fall accidents
- Falls from height
- Collapsing decks or balconies
- Falls from poorly lit or poorly maintained stairways
- Fires or explosions
- Dog bites
- Negligent security
- Electrocution accidents
- Toxic conditions
What Damages Can I Claim In Landlord Liability Cases?
During a landlord liability case in California, you may claim three types of damages, namely economic damages, non-economic damages, and punitive damages. These categories identify recoverable losses under California law. Here are the recoverable damages you should discuss with your landlord liability lawyer:
Economic Damages
You can approximately calculate these damages through medical expenses, lost wages, rehabilitation costs, property repair or replacement, and other losses. This category aims to restore your financial state to what it would have been had the injury not occurred.
Non-Economic Damages
This category covers compensation for losses that are not financial but still significantly impact the victims’ lives. Pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium may be included accordingly. These damages are more subjective and, if granted, provide monetary relief for the physical and emotional suffering due to the accident.
Punitive Damages
Punitive damages are intended to punish the defendant for particularly reckless or malicious behavior. This aims to deter similar conduct in the future, but is awarded solely at the court’s discretion.
What You Will Need To Prove
Working with knowledgeable landlord liability lawyers in California allows you to be guided through the process of establishing your landlord’s negligence. These are some of the elements that form the basis courts look to when assessing liability and potential damages:
- Legal Duty of Care — Demonstrate that the landlord had a responsibility to maintain a safe and habitable property. This involves showing that the landlord owed a duty to the tenant or visitor to prevent foreseeable harm and comply with relevant safety regulations.
- Breach of the Legal Duty of Care — Evidence must be presented that the landlord failed to uphold their duty. This can include neglecting repairs, ignoring hazards, or violating safety standards. Landlord liability lawyers may use inspection reports, maintenance records, and witness accounts to prove neglect.
- Proximate Cause Resulting in Injury — It must be shown that the landlord’s failure directly led to the injury. This involves linking the breach of duty to the injuries that are supported by medical evidence and possibly expert testimony.
When Should I Hire A Landlord Injury Lawyer For My Injuries?
Consider consulting a California landlord-liability lawyer if you were harmed and believe negligence was involved. A lawyer who focuses on this area can guide you through legal procedures, help you prove the necessary factors of negligence, and assist you in pursuing compensation for the damages you’ve suffered.
At Arash Law, we are committed to providing clear legal guidance and support. Don’t let your landlord’s failure to provide a safe living environment go unchallenged. Call us at (888) 488-1391 for a free initial consultation.
How Do I File A Liability Claim Against My Landlord?
As mentioned, there are many ways to prove that your injuries are a direct result of your landlord’s negligence. So here are the steps on how you could go about filing a claim against your landlord:
- Record and Communicate — Gather all necessary evidence of the issue. Afterward, you can formally notify your landlord in writing, detailing the problem and the outcome you’re looking for.
- Reach Out to Landlord Liability Lawyers in California — If concerns are not addressed, having a team of lawyers can help you understand your options. Our lawyers can help you make informed decisions when filing a liability claim.
- File the Claim — Mediation may be a potential step to resolve issues before going to court. However, if negotiations fail to yield favorable results, we may proceed to file a formal complaint.
Why You Need To Consult An Attorney About Your Claim
Negligence and landlord liability claims can be difficult to prove, as they are two different domains of a case. In many cases, the law is not entirely clear about what conduct constitutes landlord negligence. This gray area is why it is important to consult with an attorney about your claim. An attorney can help you gather evidence needed to prove that your landlord knew about the condition and failed to respond appropriately.
An attorney can also assess possible legal defenses your landlord could raise to avoid liability. For example, your landlord might not be liable for injuries caused by a “supervening cause.” If a thief got in through a faulty gate and robbed and hurt you, the thief’s actions were the cause of your injury. The landlord may not be held liable unless there is evidence that similar incidents have occurred in the past and he or she has been notified of the consequences of the faulty lock and failed to act.
Open A Claim With The Landlord Or Management Company’s Insurer
Most landlords carry homeowners’ insurance or other liability policies to protect them in the event of a personal injury claim filed by a tenant. In some cases, a property management company might also be liable for failing to take reasonable steps to protect tenants. Consult with an attorney about all potential defendants who might be responsible for your injuries.
When you open a claim with a liability insurance carrier, the insurance company has a limited time to investigate the claim and either accept or deny liability.
If the insurer accepts liability, it means the company will handle the claim under the policy, but it is not a court decision on fault. Your attorney can then negotiate the value of the claim with the insurance company’s claims adjuster.
If the insurance company denies liability, your attorney may help you present evidence that proves the landlord is liable for your injuries, depending on the facts of your case. If the insurance company continues to deny liability, you might have to file a lawsuit to have a court determine whether the landlord is at fault for causing your injuries.
If Necessary, File A Lawsuit In The Appropriate Court
If the insurance company denies liability or refuses to make a fair settlement offer, your attorney may advise you to file a lawsuit against the landlord. Jury trials are available for claims over the amount specified in California statutes.
An attorney can review your case and advise whether filing a lawsuit or requesting a jury trial is appropriate based on the facts and potential damages. Taking legal action allows your claim to be formally reviewed and may encourage fair negotiation, while also addressing unsafe conditions that could affect other tenants.
Statute Of Limitations For Filing Claims In California
The statute of limitations in California sets a time limit for filing claims related to landlord negligence. Personal injury claims can be filed within two years from the date of the accident in most circumstances. However, there are additional provisions for when minors or government entities are involved.
- For Minors — Accidents and injuries involving children only begin their two-year period upon turning 18.
- For Government Entities — Filing a claim against government entities is only possible within 6 months from the date of the accident.
Whether or not the injuries are severe, filing a complaint immediately can be advantageous. This provides enough time to gather evidence and move your case forward. We can help you with the legal procedures so that you can focus on recovering.
Work With Experienced Landlord Liability Attorneys In California
Arash Law, led by Arash Khorsandi, has experienced California attorneys who focus on landlord liability claims. Our lawyers handle landlord-liability matters across California. Our California injury law firm represents clients in San Francisco, Riverside, San Jose, San Diego, Sacramento, Sherman Oaks, and throughout the state.
Whatever type of injury you have sustained as a result of a landlord’s negligence, we can help you seek compensation for your losses under California law. Call (888) 488-1391 or contact us online to schedule a free case review.
