Landlords have a legal duty to maintain safe conditions on their properties.
Understanding a landlord’s responsibilities can clarify potential liability when a tenant or visitor suffers a slip-and-fall injury.
Maintaining safe premises
Landlords must keep rental properties reasonably safe and free from hazards. This includes routine maintenance, timely repairs, and addressing known issues such as wet floors, broken stairs, or poor lighting. Failure to address these hazards could make the landlord liable for injuries.
Duty to warn of known dangers
If a landlord is aware of a dangerous condition that cannot be immediately fixed, they must warn tenants and visitors. For example, if a staircase is damaged and awaiting repair, posting a warning sign or restricting access can reduce the risk of injury.
Determining negligence
To establish landlord liability, the injured party must show that the landlord was negligent. This involves proving that the landlord knew or should have known about the hazard and failed to take reasonable steps to fix it. Delaware law requires landlords to act with ordinary care to prevent harm.
Exceptions to landlord liability
Landlords may not be liable for every slip and fall injury. For instance, if a tenant’s own negligence caused the fall or if the hazard was obvious and avoidable, the landlord may not be responsible. Additionally, liability might not apply if the area where the fall occurred was under the tenant’s direct control.
Promoting safety in rental properties
Ensuring safe conditions benefits both landlords and tenants. Landlords who maintain their properties and promptly address hazards create a secure environment and reduce the risk of legal disputes. Tenants can also contribute by reporting issues promptly and following safety guidelines. Understanding the potential for liability can help individuals pursue compensation if needed.