Premises Liability Law

Injuries Caused by Inadequate Maintenance

Short Answer

    Inadequate maintenance can lead to serious injuries at apartments, office buildings, or retail stores, holding property owners liable for negligence. Owners must ensure safe conditions by fixing hazards like loose stairs or poor lighting. Common injuries include falls, respiratory issues, and vehicle accidents. Victims can seek compensation for medical bills, lost wages, and pain and suffering. A premises liability lawyer can help prove the owner’s negligence and secure a fair settlement for your injuries.

You expect a certain level of safety when you go to an apartment, office building, or retail store. There shouldn’t be any hidden dangers that put you at risk of serious harm. You expect property owners to make sure stairs and railings are secure, that there’s enough lighting, and that there aren’t trip hazards. Unfortunately, some landlords are negligent in their property maintenance.

Property owners are liable for injuries caused by negligent maintenance. You can recover compensation for medical bills, lost wages, and pain and suffering. Premises liability lawsuits can depend on where you live. For more about inadequate maintenance injuries, talk to a local premises liability lawyer.

Understanding Inadequate Maintenance

A landowner owes visitors, customers, and other guests a duty of care when they are on the property. The property should be safe and in good repair. Property owners are responsible if they know or should have known about dangerous conditions.

Landlords can’t avoid responsibility by claiming they never knew about the poorly maintained property. Proper maintenance is part of the property owner’s duties. Owners should frequently inspect their property to identify possible risks. A property owner who notices loose handrails on the stairs should fix them immediately or put up a warning sign to protect visitors.

Common Injuries From Poor Maintenance

Poor property maintenance is responsible for all kinds of serious injuries. It depends on the type of accident, type of property, and other factors. Common injuries from inadequate maintenance include:

  • Trip and fall on torn carpeting
  • Slip and fall on broken tiles
  • Fall on unrepaired stairs
  • Injuries caused by inadequate lighting
  • Vehicle accidents with improperly maintained traffic signs
  • Trip over potholes in a parking lot
  • Respiratory illness from broken HVAC systems
  • Illness or infection from inadequately maintained swimming pools
  • Injuries from defective garage doors

Responsibility for Maintenance Injuries

By filing a premises liability lawsuit, you try to recover damages from the defendant. The defendants are those responsible for the costs of your accident. Generally, the property owner is responsible for the safe conditions of their property. However, there are many possible defendants in a premises liability claim, including the following:

  • Property owner
  • Homeowner
  • Landscaping company
  • Maintenance company
  • Property manager
  • Employees
  • Contractors

Steps To Take After an Injury

After a fall accident or injury caused by poor maintenance, you should get medical attention as soon as you can. Even if you don’t think the injury is that serious, see a medical professional. Some injuries may not present as serious immediately after the accident. Brain injuries, neck injuries, and back injuries can take time to develop.

Gather evidence of what happened surrounding your injury. Take photos or video of the accident area, including the property conditions. Note the property conditions at the time—whether loose steps, broken light fixtures, or wet surfaces. If the accident took place on a large property, you could draw a map of the location.

Also, get the contact information of any witnesses. They can provide testimony to support your personal injury claim. Try to note if any security cameras might have caught the accident.

For your next step, contact a personal injury attorney. A premises liability lawyer can review your case and explain your legal options. They can help you gather the necessary evidence to support your claim. Your lawyer can also deal directly with the property owner or homeowner so you can focus on recovery.

Proving Improper Maintenance Claims

An improper maintenance claim is a type of premises liability lawsuit. A premises liability claim holds property owners liable for dangerous conditions. Property owners owe visitors and customers a duty of care to make sure the property is safe. They’re responsible for any injuries caused by negligent upkeep of the property.

To win a premises liability case, you have to prove the following elements:

  • The property owner owned or controlled the property
  • The property owner owed you a duty of care
  • The property owner breached their duty by failing to repair or warn you about dangerous conditions
  • You suffered injury and damages because of the dangerous conditions

How a Premises Liability Lawyer Can Help

Property owners don’t want to admit responsibility for your injuries. If they admit they didn’t keep the property in good condition, they’re liable for your medical expenses. The property owner and their insurance company will fight against your premises liability claim.

A premises liability lawyer will be your advocate. They’ll represent you in legal claims and settlement negotiations. Your personal injury lawyer can fight to help you get compensation for your injuries. They can negotiate to get a fair settlement offer to cover your needs. Most premises liability lawyers offer a free case evaluation. They generally work on a contingency, so you don’t have to pay anything unless they win your case. Contact a premises liability attorney after an inadequate maintenance injury.

Was this helpful?

At LawInfo, we know legal issues can be stressful and confusing. We are committed to providing you with reliable legal information in a way that is easy to understand. Our pages are written by legal writers and reviewed by legal experts. We strive to present information in a neutral and unbiased way, so that you can make informed decisions based on your legal circumstances.