Q: Can I sue landlord for injuries from unfixed gap in rental property?
I fell between my porch and trailer because of a longstanding gap that my landlord refuses to fix, despite his responsibility as stated in our lease agreement. I texted him about the gap and my resulting injuries, including multiple bruises and severe pain in my left leg, but he dismissed it, saying it wasn't his problem. I haven't received medical treatment yet. Other tenants have also reported similar issues with property maintenance. Can I sue my landlord for the injuries and negligence?
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A:
You may have grounds to sue your landlord for injuries resulting from the unfixed gap, especially if it can be shown that the landlord was negligent in maintaining the property. Since your lease agreement likely outlines the landlord’s responsibility to keep the property safe and in good condition, their refusal to address the gap could be seen as a breach of that duty. The fact that you've informed the landlord of the hazard and have suffered injuries as a result strengthens your case.
Before taking legal action, it’s important to document everything. Keep copies of your communication with the landlord, including the text messages where you notified him of the issue. You should also document your injuries, even if you haven’t sought medical treatment yet, as these will be important in establishing the impact of the incident.
If other tenants have experienced similar issues, it could indicate a pattern of neglect, which may help support your claim. You may want to consider consulting with a lawyer to discuss your legal options and determine whether filing a lawsuit for personal injury and negligence is the best course of action. They can guide you on how to proceed and ensure that your rights are protected.
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