California Landlord Liability Attorneys
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Landlord Liability Attorneys in California Helping 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 your home in a reasonably safe condition can be responsible for compensating you for any injuries that occur as a result of their negligence. In such cases, we strongly advise calling our reputable California landlord liability lawyers for injured tenants at (888) 488-1391 immediately.
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. It is important for all California renters to know what rights they have after they have been injured on a rental property.
Our acclaimed personal injury law firm believes in protecting every injury victim’s rights to compensation after an accident. Landlords must be held accountable for failing to maintain their properties in a safe condition – otherwise, more innocent victims could be hurt by a dangerous condition that is left unfixed.
Our experienced injury attorneys have over twenty years of experience. We have collected over 500 million dollars for accident victims in San Francisco, Riverside, San Jose, San Diego, Sacramento, Sherman Oaks, and throughout California. Whatever type of injury you have sustained as a result of a landlord’s negligence, we can help you access the compensation you deserve. Call (888) 488-1391 to schedule your free consultation with an experienced California injury landlord liability lawyer.
How California Landlord Liability Lawyers At Arash Law Can Help You Receive Maximum Compensation
Arash Law’s landlord liability lawyers in California are always prepared to help the victims of negligence recover full compensation for their injuries and losses. 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 Specialized Knowledge And Expertise – Understanding landlord responsibilities and their failure to maintain tenant safety due to oversight is crucial. This can effectively build a strong case for the victims.
- We Elaborately Negotiate Settlements – As expert negotiators, our landlord liability lawyers engage with landlords and insurance companies to seek fair and maximum settlements for their clients. We have successfully contributed to over $500 million in recovered compensation, and we can do the same for you.
- We Will Represent You In Court – Should settlement negotiations fail, we are prepared to take legal action and represent you fiercely in court. Every evidence, witness, and official report will be presented as compelling arguments to secure favorable outcomes in the face of a judge and jury.
- We Intricately Evaluate Your Case – We leave no stone unturned in evaluating the merits of potential cases to identify viable legal action. Honesty and strategy empower our clients to make informed decisions regarding their personal injury claims.
- We Prioritize Your Peace Of Mind – We understand that holding landlords accountable for an accident and injury is complicated. Hence, we want you to focus on recovery while leaving us to handle your case with expertise.
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, know that landlords cannot retaliate for wanting to exercise your rights.
Why Hire A California Landlord Liability Lawyer For The Legal Protection Of Victims?
When you’re involved in a landlord liability lawsuit, you’ll need a lawyer who understands the legal processes and has invaluable experience dealing with insurance companies. For decades, our landlord liability lawyers in California have protected victims from schemes and tactics designed to decrease the compensation victims get after an accident.
With a strong reputation for helping clients recover maximum compensation, we always strive to hold the defendant accountable for your serious injuries. Rest assured that we don’t only level the playing field against landlords and their insurers; we also demonstrate our commitment to achieving the best possible outcome for our clients.
Our life’s work includes saving you time and stress while accommodating a sense of security and confidence throughout the duration of your case.
What Is Landlord Liability?
Landlord Liability means the legal responsibility of a landlord or lessor for an accident or injury that happened in a rental property. This can include a house, apartment, building, or land that is rented by a tenant or a lessee. For example, electrical systems in a rental property should be updated and properly maintained. If a tenant gets electrocuted from exposed wires, they may file a claim with a personal injury lawyer. This is because the landlord has a legal obligation to keep their properties free from any risks of danger and compensate victims for accidents that are caused by their neglect.
The National Safety Council reports that about three of every four preventable, injury-related deaths in the U.S. in 2017 occurred in the home or community. This is partly due to the fact that there are so many different ways a person can be injured around the house. 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. There are several different types of liability that can make a landlord responsible for compensating you for your injuries.
Landlord Negligence
Landlords have a legal obligation to use due care in managing their properties. The care that is owed to tenants is that which would be used by a “reasonably prudent” landlord. Case law has interpreted different situations to determine what, exactly, is reasonable to expect a landlord to do to maintain his or her 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 his or her 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 fails to make a promised repair to correct a dangerous condition in a timely manner.
- The repair is not finished, not completed correctly, or otherwise made in a negligent manner.
- 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 apparent 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 usually cannot be held liable for 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 – Photos, written records of complaints, maintenance requests, and communications with the landlord may be used. This safeguards your documents proving 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 staircase, 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 under California Civil Code Section 1941.
- Liability For Injuries On Premises – If a tenant is injured by tripping over an unrepaired, protruding floorboard 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 required fence is in violation of the city ordinance, and this is strong evidence of negligence.
A parent whose child gets injured in the pool can, therefore, employ reliable landlord liability lawyers in California to build a strong personal injury case against the landlord.
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, our California landlord liability lawyers 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. Arash Law is ready to support and guide you every step of the way.
- 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 at (888) 488-1391 – To avoid further complications with your personal injury claim, having the support and guidance of specialized lawyers can bring huge benefits, as mentioned.
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
- Fall From Height
- Collapsing Decks Or Balconies
- Fall From Poorly Lit Or Maintained Stairways
- Fire Or Explosion
- Dog Bite
- Negligent Security
- Electrocution Accident
- Toxic Conditions
What Damages Can I Claim In Landlord Liability Cases?
Economic Damages
These can be quantified in the form of medical expenses, lost wages, rehabilitation costs, cost of repairing or replacing personal property, and more. This category aims to restore your financial state to what it would have been had the injury not occured.
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 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.
What You Will Need To Prove
Working with top-rated 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 create a strong foundation for securing the maximum possible compensation for your 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 will 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?
You should hire an expert landlord injury lawyer in California immediately when you’ve suffered harm due to their negligence. A lawyer specializing in this area can guide you through legal procedures, prove necessary factors of negligence, and make sure you get fully compensated for the damages you’ve suffered.
At Arash Law, we value every case with utmost care and urgency. Don’t let your landlord’s failure to provide a safe living environment go unchallenged. Call us immediately at (888) 488-1391, and let us advocate for your rights and well-being.
How Do I File A Liability Claim Against My 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 led by Arash Khorsandi, Esq. will help you completely understand your options. We prioritize educating you to make fully informed decisions in 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 positive results, we may proceed to file a formal complaint.
Why You Need To Consult An Attorney About Your Claim
Proving 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 is why it is so important to consult with an attorney about your claim. An attorney will be able to determine what evidence is needed to prove that your landlord knew about the condition and failed to respond appropriately.
An attorney will also be able to evaluate any possible legal defense 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 would likely not be held liable unless there was evidence that similar incidents had occurred in the past and he or she had been notified of the consequences of the faulty lock and failed to act.
Open A Claim With The Landlord Or Management Company’s Insurance Carrier
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 in which to investigate the claim and either accept or deny liability. If the insurance company accepts liability, they are admitting that the landlord was legally at fault for the accident. 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 might be able to speak to a supervisor or attorney at the company to help them see why their insured landlord is, in fact, liable for your injuries. If the insurance company continues to deny liability, you might have to file a lawsuit in order 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 will likely advise you to file a lawsuit against the landlord. Jury trials are available for claims over the amount specified in California statutes.
Most personal injury claims meet this threshold, and it is important to exercise your right to a jury trial when necessary. If you do not, insurance companies can continue denying claims wrongfully and making lowball settlement offers on valid injury claims.
Furthermore, landlords will not be held accountable for dangerous conditions, and more innocent tenants throughout California will be placed in danger of being injured on their rental properties.
Alternative Remedies For Landlord Violations In California
Injured and aggrieved tenants have legal remedies other than a personal injury claim. The U.S. Department of Housing and Urban Development provides a helpful website with information specific to California tenants’ rights. Tenants should also look for local boards, agencies, and other groups that provide housing information specific to their local area.
- Any California tenant can file a complaint with the California Department of Fair Employment and Housing if they believe they have been discriminated against based upon a protected legal status (such as race or family status). There are also local offices that address housing discrimination, such as the Fair Housing Council of Orange County.
- Los Angeles County Consumer and Business Affairs provides information specific to landlord and tenant issues.
- There are many local groups committed to advocating for tenants and helping them enforce their legal rights. The San Francisco Tenants Union, Santa Monicans for Renters Rights, and the Housing Rights Committee of San Francisco are just three of many such organizations across California. A basic internet search will help you find organizations in your area.
- Orange County 211 lets residents search for various services in Orange County – including tenants’ rights counseling.
- The Tenants Legal Center provides information and resources for tenants in San Diego.
FAQ About Landlord Liability Lawyers
Can I Sue My Landlord For A Shower Scalding Injury?
If you can prove that the landlord’s negligence in maintaining safe water temperatures caused your injury, then yes. Our landlord liability lawyers in California specialize in these cases to help victims sue their landlords for violations against California Civil Code section 1941.
I Was Hurt In A Burn Injury. How Can I Sue My Landlord For Being Irresponsible With The Hot Water System?
Filing a personal injury claim that shows the landlord’s responsibility in the accident is how you can ensure that you can be properly compensated for your injuries.
Can A Tenant Sue A Landlord For Injury?
Tenants can sue a landlord for injuries if they were caused by negligence. An example of this is failing to repair hazards that brought about tenant injuries.
When Can A Tenant Sue A Landlord In California?
As a tenant, you can immediately sue your landlord after a preventable accident has rendered you injured. 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. When working with Arash Law, you never have to worry about the costs of your case. We work on a contingency fee basis, which means that you won’t have to pay unless we win. You can also fill out this contact form so we can reach out to you for a free initial case evaluation.
How Can A Landlord Negligence Lawyer Prove My Case?
Expert California landlord liability lawyers leave no stone unturned when working on a case. We make sure to gather evidence of the landlord’s negligence, such as 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.
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. But, there are additional provisions for when minors or government entities are involved.
- For Minors – Accidents and injuries involving children 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, our landlord liability lawyers in California highly suggest filing a complaint immediately. This allows for ample time to take appropriate actions so that a strong case can be made. Let us worry about all the legal procedures involved so you can fully focus on recovering.
Experienced Landlord Liability Attorneys Helping Injured Tenants in California
Arash Law has the best California accident lawyers under Arash Khorsandi. Our experienced injury attorneys have over twenty years of experience. We have collected over 500 million dollars for our clients. We have helped accident victims in San Francisco, Riverside, San Jose, San Diego, Sacramento, Sherman Oaks, and throughout California. We can help you access all sources of compensation so that your legal rights are protected.
Whatever type of injury you have sustained as a result of a landlord’s negligence, we can help you access the compensation you deserve. Call (888) 488-1391 or contact us online to schedule your free consultation with an experienced California injury lawyer.
