Photo by Alena Darmel

No one expects to become a victim in their home, especially when they’ve followed all the rules and paid their rent on time, but it happens too often. Some landlords treat rental properties like cash machines, caring more about their bottom line than the human beings who call these spaces home.

Take Ansel Postell, a young Benedict College graduate who did everything right. He paid his rent on time, renewed his lease, and expected basic respect from his landlord. Instead, he returned to find his apartment emptied and his belongings destroyed.

Or is it the heartbreaking story of 130 children poisoned by lead in their homes, victims of an owner who is now labeled as New York City’s “worst landlord,” and was forced to pay $6.5 million in settlements?

These are just some of the many stories of how greedy landlords treat their tenants. But it doesn’t have to end with them winning. If your landlord is being negligent to the safety of their property and your wellbeing, you can sue them.

However, here is what you need to know before you do so.

What is Premises Liability?

“Premises liability” is a legal term that means property owners are responsible for keeping their property safe.

If someone gets harmed because a property owner didn’t fix a known danger, the owner might have to pay for the harm. This concept applies to all kinds of properties—stores, parks, and yes, rental homes, too.

Premises Liability vs. Personal Injury: What’s the Difference?

Personal injury covers any case where someone is hurt because of someone else’s actions or failure to act. This could be a car crash, a dog bite, or even medical mistakes.

Premises liability is a type of personal injury case that happens specifically on someone’s property. It focuses on injuries caused by unsafe conditions on that property.

So, while all premises liability cases are personal injury cases, not all personal injury cases involve premises liability.

What is ‘Owner’s Negligence’?

Owner’s negligence means a property owner failed to prevent harm to their visitors. For a landlord to be negligent, four things must be true:

• The landlord was responsible for keeping you safe (like fixing dangerous conditions).

• The landlord failed to meet that duty (didn’t make repairs or ignored problems).

• This failure directly caused your injury or illness.

• You suffered actual harm (like medical bills or lost wages).

An owner becomes negligent when they know about a dangerous condition but don’t fix it and allow it to harm their visitors.

Examples of Premises Liability

• Slip and fall accidents

• Poor security leading to break-ins or assaults

• Fire hazards from faulty wiring and malfunctioning smoke detectors

• Toxic exposure to substances like lead paint, asbestos, or carbon monoxide

• Structural issues like collapsing ceilings, unstable balconies, or broken stairs

• Dog bites

• Swimming pool accidents, etc.

What is Contributory Negligence?

Contributory negligence is a legal term that means you partly caused your injury. For example, if you knew a step was bad but decided to jump on it anyway, you might be partly responsible for your fall.

In some states, if you contributed to your injury, you can’t recover any money from the landlord. This is called “pure contributory negligence” and is only used in a few states like Alabama, Maryland, North Carolina, Virginia, and Washington D.C.

Most states use a different rule called “comparative negligence.” Under this rule, the money you can get is reduced by your percentage of fault. So, if you’re found to be 20% responsible for your injury, your settlement would be reduced by 20%.

What Happens When Both Parties Are at Fault?

When both you and your landlord share blame for an accident, what happens next depends on your state’s laws:

In states with “pure comparative negligence,” you can still recover some money even if you were mostly at fault. Your award just gets reduced by your percentage of fault.

In U.S states with “modified comparative negligence,” you can only recover money if you were less than 50% (or, in some states, 51%) responsible for the accident. If you were more at fault than the landlord, you get nothing.

In states with “pure contributory negligence,” if you were even 1% at fault, you cannot recover any money. This is a strict standard and is why it’s so important to talk to a lawyer about your case.

4 Ways to Prove Negligence in a Premises Liability Case

To win your case, you’ll need to gather evidence that proves all four elements of negligence.

• Duty of care

• Breach of duty

• Causation, and

• Damages

Photos and videos of the dangerous conditions are also very helpful. If possible, try to get pictures from before your injury, showing that the problem existed and the landlord had time to fix it.

Compensation in a Premises Liability Claim

The average amount you might receive as a settlement in a premises liability claim varies based on how severe your injuries are, how clear the landlord’s negligence was, and your state’s laws about damages.

However, according to the Department of Justice, the median in the U.S. is around $90,000. But understand that this is not the most you can get. For example, a law firm recently won over $129,000 in a premises liability shooting case for their client.

So you can get way more than the median with a good lawyer. And if you win your case, you may receive money for:

• Medical expenses

• Lost wages

• Pain and suffering, and

• Property damage

In rare cases like that of Ansel Postell, where he won close to $700,000 in settlement, you might also receive “punitive damages,” which are meant to punish the landlord and discourage similar behavior in the future.

 

So, good luck with filing your claim! And remember to get a good lawyer.