In most cases, you'll feel safe and satisfied in your dwelling. That doesn't mean you're automatically immune from any injury, which statistics show to be most prevalent at home. This is especially true if you're living in an apartment building that can potentially host several liabilities to residents.
If you sustain injuries in an apartment accident, you will have to deal with several emotional, financial, and physical consequences. Such injuries can include cuts and bruises, spinal cord injuries, head trauma, fractures, herniated discs, tears and ruptures, and burns.
Whether you want to up your safety or get a refresher, here's what you need to know about apartment accident injuries.
Landlords Can Be Sued For Them
Apartment accidents can happen for many reasons. Sometimes, they can be due to the fault of tenants who act irresponsibly. But in several cases, these accidents result from landlord negligence.
The following are some ways wherein landlords can fail to uphold their due diligence:
- Failing to install smoke alarms and carbon monoxide detectors in the apartment
- Failing to ensure that all stairs and elevators are safe and in good working condition
- Failing to ensure that the balconies and flooring are sturdy and safe
- Failing to ensure that the tenants have clean air and water
- Failing to account for weather-related hazards in the area
- Failing to ensure that all amenities in the apartment are safe to use, including parking lots and playgrounds
If you believe any of these situations caused your apartment injuries, you can file a lawsuit against your landlord on the grounds of premise liability. Under this area of law, property owners, including landlords, are responsible for injuries on their premises. If they fail to keep the property safe and cause you injuries, you may hold them liable for what happened and, in turn, seek compensation.
However, suing your landlord for your apartment accident injuries can be challenging. Working with a dedicated personal injury lawyer would make the most sense. They can help establish negligence on the landlord's part to ensure a favorable judgment.
The elements of negligence that your lawyer should prove include the following:
- The landlord had a duty to keep the apartment safe and in good condition.
- The landlord was aware of the dangerous situation in the apartment, but they didn't do anything.
- Fixing the problem didn't have to take time or wasn't expensive.
- Landlord negligence was the direct cause of the injury.
- The tenant suffered injuries because of the landlord's negligence.
By considering these elements, your lawyer can develop a solid argument to strengthen your case against your landlord.
You Need Evidence To Prove Apartment Accident Injuries
When filing a case against the landlord, you need essential evidence to prove your claim. Without these records and other forms of documentation, getting compensation will be more difficult.
The following pieces of evidence should be used:
- Medical reports
- Photos of the accident scene and the injuries you sustained
- CCTV footage from surveillance cameras
- Statements from eyewitnesses
- Documents, such as maintenance reports and inspection logs, indicating any property issues before the accident
- Expert opinions
Collecting all these pieces of evidence is essential to improve your odds of winning your case. If you find the evidence-collection process challenging, you can seek help from a reliable personal injury lawyer. They have connections that can help you procure the necessary evidence without hassle.
They Can Warrant Compensation For Economic And Non-Economic Losses
If you sustained injuries in an apartment accident caused by someone else, you might get compensation for economic and non-economic losses. Provided you prove the other person's negligence, you can use that to cover the following:
- Medical costs
- Lost income and earning capacity
- Pain and suffering
If you want to know your claim's worth, you should hire a lawyer to help calculate the compensation you deserve.
Suing For Them Must Be Within The State's Statute Of Limitations
You must ensure you file your case against the at-fault party within the statute of limitations or the filing deadline prescribed by your state laws. Suing beyond that can be considered a waiver of your right to file a similar case in the future.
Hence, make sure to initiate your case within the set terms, generally two to three years from the date of the accident, depending on the state you're from.
Know Your Options
Dealing with apartment accident injuries and landlord negligence is never easy since they can affect your life emotionally, financially, and physically. However, by keeping the information mentioned above in mind, you'll know what to do when it happens to you. Consult the experts for more about your options.