If you’ve been injured or suffered damages in your apartment, you may be wondering, can I sue my apartment complex for negligence? The answer is yes, but only under certain circumstances. Like most personal injury claims, you need to prove that the landlord or property management company failed to keep the property safe and that their failure directly caused your injury.
Negligence claims against landlords are not always straightforward. The rules differ depending on where and how your injury happened. Understanding these differences is the first step toward knowing if you have a case.
Landlord Responsibilities and Standards of Care
Landlords have a legal duty to keep rental properties safe and habitable. They are expected to fix hazards, maintain common areas and ensure tenants have access to essential utilities. But not every situation is the same.
If you are making a social visit to a friend in an apartment complex, there is a different set of standards than if you were residing there. When making a claim against your landlord there is a difference if your injury happens in a common area versus a space reserved only for the tenant.
- Common areas: Landlords must keep sidewalks, parking lots and shared stairwells reasonably safe.
- Exclusive areas: If the injury occurs inside the tenant’s apartment or in areas used only by the tenant, the landlord has far less responsibility.
- Single-unit rentals: If you rent a house with your own driveway and sidewalk (i.e. not shared with another tenant), the landlord usually has little obligation to maintain those areas.
Where things get complicated is when something inside your unit causes harm, like loose carpet, broken floorboards or a faulty deck railing. These are not common areas, but a landlord might still be liable if they retained control of repairs or failed to act after being notified of the danger.
That is why these cases are rarely simple. It’s easy to prove negligence when you slip on a spill in aisle three at the grocery store. Proving a personal injury against a landlord is more complex.
What Constitutes Landlord Negligence?
Negligence happens when a landlord fails to meet their duty to provide a safe living environment. Examples include:
- Ignoring safety concerns such as broken locks or poor lighting
- Failure to maintain safe parking lots, stairwells and sidewalks within the property
- Failure to keep common areas clear of snow and ice
- Not providing adequate security measures
If you were harmed because your landlord ignored these issues, you may have a valid claim.
Elements of a Negligence Lawsuit
To succeed in suing an apartment complex, you must prove four key elements of negligence:
- Duty of Care: The landlord had a duty to keep the property safe.
- Breach of Duty: The landlord failed to meet this duty by ignoring or creating hazards.
- Causation: The landlord’s inaction caused your injury or damages.
- Damages: You suffered actual harm, such as physical injury, financial loss
,or emotional distress.
Without all four, your case will be difficult to prove.
What To Do If You’ve Been Injured
If you believe you have grounds for suing an apartment complex, take these steps:
- Document everything: Take photos of unsafe conditions, note dates and keep copies of repair requests.
- Notify your landlord: Put your complaint in writing and give them reasonable time to fix the issue.
- Gather evidence: Save emails, texts or letters that show the landlord was aware of the hazard.
- Consult a lawyer: A personal injury attorney can evaluate your case, explain your rights and help gather strong evidence.
- Consider small claims court: For smaller matters, like reimbursement for repairs, small claims may be an option.
Common Areas vs Private Spaces
A big part of landlord negligence claims comes down to where the accident happened. If you fell on icy stairs in a shared stairwell, the landlord likely bears responsibility. If you tripped over your own clutter inside your unit, they do not.
The gray area comes when defects inside your unit were never repaired after you reported them. If you told your landlord about a loose railing and they failed to fix it, they may be liable if you fall. This distinction is often the deciding factor in suing an apartment complex for negligence.
Can You Really Sue Your Apartment Complex for Negligence?
Yes, you can sue a landlord or apartment complex if they failed to provide a safe and habitable property and you can prove negligence. Every case is fact-specific, so your outcome will depend on the details. Working with an experienced personal injury attorney can make the difference between a dismissed claim and a fair settlement.
Protect Your Rights with Eng & Woods
If you need legal guidance for a personal injury, you don’t have to figure it out alone. The personal injury attorneys at Eng & Woods Law Firm in Columbia, Missouri, have decades of experience representing tenants who were injured because of unsafe living conditions.
We are familiar with the laws, the courts and the tactics used by landlords and property management companies. Our team will guide you through every step of your case, from gathering evidence to negotiating with insurance companies and, if necessary, filing a lawsuit.Call Eng & Woods today at 573-874-4190 or contact us online to schedule your free consultation.