Apartment building landlords have duties to maintain safe premises for tenants and their guests. When slip and fall accidents occur in apartment complexes, landlord liability depends on where the fall occurred, what caused the hazard, and whether the landlord knew or should have known about the dangerous condition.
Landlord Duties in Common Areas
Landlords maintain responsibility for common areas—lobbies, hallways, stairwells, laundry rooms, parking lots, and grounds. Tenants injured in common areas have clear premises liability claims against landlords.
Common area duties include regular inspection for hazards, prompt repair of discovered problems, adequate lighting, safe flooring and surfaces, and winter weather maintenance of walkways and parking areas.
Hazards Inside Rental Units
Liability for hazards inside individual units depends on what caused the condition. Landlords are responsible for defects in the building's structure and systems—flooring, fixtures, plumbing that creates water damage, and conditions existing before tenancy.
Conditions created by tenants' own use typically aren't the landlord's responsibility unless the tenant reported the problem and the landlord failed to address it.
Maintenance Request Evidence
Prior maintenance requests are powerful evidence. If you reported a hazard and the landlord failed to repair it, their notice of the danger is established. Keep copies of all maintenance requests—written requests are better than verbal ones.
Patterns of complaints about the same condition from multiple tenants strengthen claims further.
Building Code Violations
Housing code violations that contribute to falls establish negligence. Violations of lighting requirements, handrail specifications, flooring standards, or other safety codes support premises liability claims.
Code enforcement records may document violations the landlord was ordered to correct.
Guest Injuries
Guests injured in apartment buildings can also pursue claims against landlords for common area hazards. Landlords owe duties to all lawful visitors, not just tenants.
For hazards inside individual units, guests may have claims against both the landlord (for building defects) and the tenant (for conditions the tenant created).
Lease Terms and Liability
Landlords sometimes include lease clauses attempting to limit liability or require tenants to waive rights to sue. Many such provisions are unenforceable. Landlords generally cannot contract away duties to maintain safe premises or avoid liability for their own negligence.
However, lease terms may affect responsibility for certain maintenance—review your lease to understand allocated duties.
Property Management Companies
Many landlords hire property management companies to handle day-to-day operations. Both the landlord and management company may bear liability for premises hazards depending on who had responsibility for the area and condition.
Identify all potentially responsible parties when evaluating your claim.
Evidence in Apartment Fall Cases
Document the hazard immediately with photographs. Save all prior maintenance requests related to the condition. Note how long the hazard existed before your fall. Identify witnesses—other tenants who knew about the condition or saw your fall.
Building surveillance footage may capture conditions in common areas. Request preservation promptly.
Pursuing Your Claim
Notify the landlord of your injury in writing. Document communications about the hazard and your injuries. Don't accept quick settlement offers without understanding your claim's full value.
A premises liability attorney can evaluate your claim, identify responsible parties, and pursue full compensation for injuries caused by landlord negligence.