Being a tenant comes with certain expectations, one of which is the assurance that rental properties are safe to inhabit. Unfortunately, accidents happen, and tenants can become injured while residing on rental properties due to landlord negligence.
If you have suffered an injury while renting a property, you need to determine whether or not a landlord is liable. If you need legal guidance, our Las Vegas premises liability attorneys at H&P Law can help you assess landlord liability for your injury and determine if you can sue the landlord.
Are Landlords Liable for Tenants’ Injuries?
Landlords can be liable if an injury occurs on their rental property due to their negligence. However, liability can vary based on the specific circumstances of the accident. The following factors are considered in determining landlord liability:
Control Over the Hazardous Condition
If a landlord is responsible for the maintenance and upkeep of the rental property, they are in control of the hazardous condition. If a tenant falls on a broken staircase due to the landlord’s neglect, then the landlord has control over the condition that led to the accident.
Note: Nevada law requires landlords to maintain dwelling units in habitable condition (NRS § 118A.355).
Knowledge of the Hazardous Condition
Landlords must notify tenants of any known hazards on the property and take necessary actions to remedy them. If a landlord knew of a hazardous condition but failed to fix it, they can be held liable for any resulting injuries to the tenant.
Foreseeability of the Accident
For a landlord to be liable for a tenant’s injury, the accident must have been foreseeable. For example, if a landlord knew that a staircase was broken and did not fix it, then they should have been able to foresee the potential for a tenant to fall and become injured.
The Likelihood of Serious Injury
Landlords are not automatically liable just because an injury occurs on their property. The injury must be deemed serious enough to warrant the landlord being held liable. For example, if a tenant slips and falls on a wet spot in the kitchen but only sustains minor bruises, the landlord may not be liable.
Failure to Take Reasonable Steps to Prevent Accident
Finally, a landlord can be held liable if they fail to take reasonable steps to prevent accidents. This could include not maintaining the property, failing to make necessary repairs, or not addressing hazardous conditions.
Exceptions to Landlord Liability
There are some cases in which a landlord may not be held liable for a tenant’s injury. For example, if a tenant was injured while engaging in criminal activity on the property, the landlord may not be held responsible. Additionally, the landlord may not be liable if the tenant was injured while using a common area that is not under the landlord’s control, such as a public sidewalk.
Comparative Negligence and Injuries on Rental Property
In Nevada, the comparative negligence doctrine applies to cases where multiple parties share fault in an injury. This means that if a tenant contributed to their own injury, such as by ignoring warning signs, then their compensation may be reduced by the percentage of fault assigned to them. However, if the landlord is found to be at fault as well, they may still be liable for a portion of the damages.
Discuss Your Rights with H&P Law
As a tenant, it is important to understand your rights when it comes to landlord liability for injuries. If you have suffered an injury while renting a property, consider speaking with an experienced attorney who can help you determine if a landlord was negligent or liable. Contact H&P Law to discuss the facts of your case and determine if you can sue the landlord for your injuries and resulting damages. Call (702) 598-4529.
