What are a Landlord’s Responsibilities with Trip and Fall Accidents?
Trip and fall accidents are falls that occur when someone trips over certain objects or an elevated surface without recovering quickly enough to catch themselves. Tripping over uneven pavement, unattended items on the floor, and elevated door thresholds are just a few examples of what may cause a trip and fall accident.
It is also important to note the difference between trip and fall accidents and slip and fall accidents. Trip and fall accidents often occur when there is something physically in the way of someone’s step, be it an uneven surface or a physical object.
Slip and fall accidents, on the other hand, occur when the floor itself is slippery enough for someone to lose their balance or footing.
While trip and fall accidents often result in someone falling forward, slip and fall are the inverse, so the person affected often falls backward.
Potential Injuries Resulting from a Trip and Fall
There are many potential injuries resulting from a trip and fall accident, including but not limited to:
Cuts and scrapes
Ankle or wrist sprains
Broken bones
Neck and brain injuries
It's imperative to seek immediate medical care if you have been subjected to a trip and fall accident, as such falls can cause internal damage that can be dangerous to one’s health.
Landlord Obligations in Trip and Fall Accidents
Landlords are obligated under California’s premises liability laws to “ensure that a property is a safe environment for visitors.” This includes properties under rental agreements and leases.
However, landlords are not liable for all trip and fall accidents that happen on or within their property; proof is needed to prove that the landlord acted negligently and was liable in causing the incident. California Civil Jury Instructions defines negligence as “a failure to fulfill the duty of exercising ordinary care in the management of premises in order to avoid exposing persons to an unreasonable risk of harm.”
Proving negligence and liability is key in being awarded compensation for a violation of California’s premises liability laws. It is important to note that a potential premises liability lawsuit in California is valid only within two years of the date of inquiry, due to the statute of limitations, so timely legal action is essential.
Tenants Rights in the Case of Landlord Negligence
Tenants have a right to live in a safe environment, and if you’ve suffered a trip and fall accident in which you believe your landlord may have acted negligently in ensuring your safety, there are multiple things you can do:
Seek immediate medical care: as stated above, it is wise to seek medical care after a trip and fall accident for your own health and safety.
Report the accident: it's always important to report the incident to your landlord in a timely manner. Make sure to note the location and when the trip and fall happened.
Collect evidence: collecting evidence is a very important step that is necessary in showcasing and proving a landlord’s potential negligence. Medical records, witness testimony, and physical evidence of negligence all can work to further the goal of gaining suitable compensation.
Contact an experienced Attorney: many trip and fall cases are not clear cut, and require the fine touch of a well-versed legal mind to help you gain compensation for landlord negligence.
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Tenants Law Firm is here to help. To speak with our experienced attorneys, please don’t hesitate to contact us by calling (310) 432-3200 or by using this form.