Landlords grant both rights and responsibilities to a tenant when they lease out residential or commercial property. Whether you are liable for an injury on that property turns on premises liability law — and, in Louisiana and Texas, on landlord/tenant law as well. The short answer: you can be held responsible when your negligence caused the accident.
Premises liability for landlords
A landlord often owes tenants and their guests a reasonable duty of care under a premises liability theory. That duty includes keeping the property reasonably safe, warning of known dangers, and fixing known problems.
The level of care you owe depends on the legal status of the visitor. A person invited onto the property — an invitee or licensee — is generally entitled to a reasonable duty of care. A trespasser is usually owed no such duty and is protected only from the owner’s wanton or willful conduct.
When is a landlord negligent?
You are at fault for an accident on your leased property only if your negligence caused it. Negligence is a breach of the duty of care you owe as a property owner — a failure to act as an ordinary person would under similar circumstances. A negligent landlord can be liable for a tenant’s or a guest’s injuries when the landlord’s actions or inactions are to blame. The most common situations include:
- Failing to fix dangerous conditions. If you know of a dangerous condition, you must repair it. This duty comes from premises liability common law and from state landlord/tenant regulations. Common hazards on leased premises include defective staircases, broken handrails, tripping hazards or holes, broken fences, dangerous appliances, missing safety equipment such as smoke detectors or fire extinguishers, and inadequate lighting. You may even be responsible for hazards you did not actually know about, if a reasonable inspection would have revealed them.
- Failing to warn of a known risk. When you know of a risk, you have a duty to warn so others can avoid it. Use written notices and warning signs so you have proof the warning was given. Warning is temporary protection — failing to fix the underlying problem long-term can still create liability.
- A foreseeable accident. In most premises liability cases the harm must be foreseeable — the kind of injury a reasonable person could expect from the hazard and circumstances. A broken staircase foreseeably causes a fall; severe injuries are foreseeable from a slip and fall. Most hazards that cause harm are treated as foreseeable for landlords.
What to do after an accident on your property
If someone is hurt on a property you lease, protect your legal rights:
- Get medical attention. Call 911 if you are present. If you were absent, find out what care the injured person received.
- Do not admit fault. Never admit fault without your attorney’s advice. The injured person may be wholly or partly at fault, and admitting fault can create liability where none exists.
- Document everything. Note what the injured person says caused the accident, photograph or video the hazard and the area, and record the names and contact information of anyone injured and any witnesses.
- Speak to an attorney. Consult a personal injury attorney promptly, whether the property is residential or commercial. These laws are complex, and you may have defenses that negate your liability.
Protect yourself from liability
A landlord’s job is to maintain a safe property and exercise reasonable care. Warning of known dangers and fixing them promptly is the most reliable way to reduce your exposure. If an accident has already happened on your leased property, an injury lawyer can tell you whether your conduct crosses the line into liability and what defenses you may have.