The tenant may sue the landlord for a slip-and-fall as long as the tenant can prove that the landlord’s negligence caused the personal injury to the tenant (broken bone or fractured bones, scarring or other serious bodily injuries). Below are some case examples. The negligence of landlords is often the cause of many apartment slip and fall incidents. These accidents are often caused by the landlords’ failure to maintain and fix their property. When an accident occurs, tenants or guests are left to deal not only with the pain and suffering of the accident, but also with mounting medical bills, lost wages, and dealing with their landlord’s insurance company.
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Not all slip and falls result in valid claims for damages. To be eligible for compensation, a tenant must show that their landlord did not exercise reasonable care. To recover compensation, a tenant must establish a prima facie case of negligence.
Proving Fault And Negligence
A tenant must provide facts and admissible proof to prove that the landlord was negligent in maintaining the building. This is because the landlord/owner has an obligation to provide a safe living environment for tenants. The tenant may be able to recover damages if a breach in that duty caused the injuries sustained by the tenant as a result of a slip-and-fall. A victim may use different types of evidence to prove that the landlord was negligent or at fault when they slip and fall in its premises. These include:
- Witness Statements
- Investigating previous incidents on the property, including past histories of tenant slips and falls
- Photos
- Reports of police reports
- Surveillance cameras
- The landlord should have been aware of the danger or at least had knowledge about it
- Foreseeability
Landlords’ Duty to Maintain Property under the Law
Florida’s premises-liability law requires that landlords maintain their rental properties and protect tenants and guests from harm. The law requires the landlord to perform certain duties, including:
- Adherence to any applicable housing codes, including state, city or county codes.
- A landlord is responsible for fixing a dangerous situation in a reasonable time frame if they are informed of it or should be aware of it.
- Landlords must repair and maintain a variety of issues, including leaking roofs, missing or broken handrails, anti-slip material on steps and around pools, correctly affixing carpets to cracked sidewalks, parking lot wheel stoppers, speed bumps, and other slip and fall hazards.
Case Examples of Tenants Suing Landlords for a Slip and Falls
Tenant falls down a defective stairway that she knew was there GONET v. EVANS – 66 So.2d 53 (1953) Annette Gonet resided in an apartment building that was owned and managed Evans. Gonet lived with her sister on the second-floor of the apartment complex, which was leased month-to-month. The apartment building was equipped with a front and back staircase. The back staircase was located outside the building, and therefore exposed to the elements. Gonet used the back staircase, which had rubber mats on each landing. Knew that the rubber mat was not fastened properly to the landing and that the stairway had grease spots at times due to other tenants’ carelessness. Gonet was injured on the morning of 23 September 1951 after the mat had fallen from under his feet.
Stairway Was Defective
The rubber mat was in perfect condition, and there was no evidence that the stairway was defective. There is no evidence in the record that Gonet’s injuries were caused by grease spots or other foreign substances on Gonet’s stairway. The court ruled that Gonet was not responsible for the slip and fall accident because she knew the stairway had been wet, and the rubber mat wasn’t fastened on the landing. She chose to use the back staircase in its condition, rather than the front one, which was open to her. We do not believe that the injury she sustained was directly caused by the negligence on the part of the appellee.
Tenant was Negligent for Using A Stairwell that Was Poorly Maintained Roberts v. Burkette – 245 So.2d 134 (1971) Maude Roberts, 85 years old, lived for two or three years in a building with a staircase that was not maintained properly. The handrail was a slippery ornament at the end of the stairway, which made it difficult to grasp. Maude sued her landlord after she fell down the stairs. She argued the staircase was poorly maintained, a nuisance, and that the landowner violated the South Florida Building Code. The court found Maude guilty of contributing negligence because the facts were not in dispute, and Maude knew of the dangerous condition of stairway.
Can the tenant be at fault?
Apartment falls can cause a variety of injuries ranging from minor sprains to severe fractures in the hands, wrists, hips, or even death. One of the most important questions to ask when a slip-and-fall accident occurs in a rental home is who is at fault and if the tenant shares in the blame. There are situations where the tenant is partially responsible for an accident. In some cases, the tenant may be partially to blame for the accident.
In Florida there is a doctrine called comparative negligence. This doctrine assigns fault to both the landlord and the tenant. The amount of negligence a tenant has caused will affect the compensation they receive. If the tenant is found to be responsible for 35 percent of the damages, then the damage award will be reduced accordingly. The tenant receives 65 percent of what the jury awarded. Some of the dangers in a rental house that could lead to a fall, whereby the owner or landlord may be legally liable for damages include:
- The floor is slippery or wet with a lot of water.
- Debris on the sidewalk
- Incorrectly designed curbs, ramps and sidewalks
- Stairs or Stairwells with broken, insufficient or missing lighting
- Handrails – missing or broken
- Violations against the Building Code
- Unpainted wheel stops or speed bumps are often found on parking lots, steps and stairs.
- Parking Lot debris
- Debris and slippery surfaces in the pool area
- Tree limbs that have fallen
- Unmowed grass can have hidden debris or conditions.
- Things that impact ingress and exit
- The driveway or garage floor is stained with oil from vehicles
- The sidewalk is covered in wet leaves
Quick Tip: Average slip and fall settlement is $30,000.
Does Renter’s Insurance cover slip and falls?
Some policies cover slips and falls that are caused by the negligence of a landlord, even though the majority of tenants have rental insurance for theft or burglary.
What Can A Victim Recover In Damages – Pain and Suffering
If a tenant suffers serious injuries in a slip-and-fall accident at their apartment complex, they should be entitled to both economic and noneconomic damages. Compensation for economic damages includes:
- Physical Therapy Bills
- EMS
- Hospital Bills
- Medicines
- Renting medical equipment
- Past and future lost wages
- Incapacity to Earn
Damages other than economic damages include
- Loss of enjoyment of life
- Loss of relationships with a spouse
- Pain and suffering
- Disfigurement
- Severe Mental anguish
Statute of Limitations: Time Limit for Filing a Claim/Lawsuit In Florida, claims for slip-and-fall accidents must be filed before a specific time limit. These deadlines have been set by the Florida Legislature in statutes called statutes. According to Florida Statute 95.11(4), any claim based on negligence must be filed within two years from the date of the injury.
What Should You Do?
When a tenant in Florida brings a claim for personal injury against a landlord due to a slip-and-fall at an apartment complex or another leased property, the landlord may not be the only one who is responsible. Other parties such as a landscaper, cleaning company, or delivery service can also be legally held responsible for paying your damages. After seeking medical attention, the tenant should report the accident and evaluate the facts.
Then, they should review their lease to determine who can be held liable for damages. The tenant should also keep a journal of the incident, including the impact the injury had on his or daily life. They should also gather evidence to support their claim. These steps are essential to protecting a tenant’s right and ensuring that the tenant receives maximum compensation. A good tip is to talk to an experienced Florida attorney to find out about your rights and how insurance companies will respond to such claims. Many lawyers offer a free consultation to answer any questions.
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Contact Bonardi & Uzdavinis without delay to arrange a FREE consultation.
