An apartment should be a place of refuge from the outside world. It’s your home, a place of safety you can trust. The owners and managers of the complex have the duty to keep their property safe for all tenants and visitors. When they are negligent in doing so, personal injuries and property damage can occur, some leading to devastating harm or even death. If you’ve experienced such damage or injury, you might be wondering how to sue an apartment complex for negligence in California.
A premise liability claim can arise following an injury that occurs on the property of an apartment complex, specifically when a breach of the liable party’s duty of reasonable care takes place. An individual can file a claim for compensation if that party:
- Fails to address certain safety hazards, like structural issues
- Ignores maintenance requests for damaged areas, such as uneven floor surfaces
- Does not take safety precautions, like floodlights in parking lots
What Counts as Negligence in an Apartment Complex?
There are many situations that count as negligence in apartment complexes and the people who own and manage them. These can include:
- A Failure to Address Dangerous Conditions: Those who own and manage residential properties have a duty to keep their premises reasonably safe and free from safety hazards for all tenants and their visitors. Failing to address dangerous conditions can lead to injury. Negligence might include a failure to clean up common areas, a failure to remove snow and ice buildup, broken or insufficient lighting in common areas, and broken stairs.
- Not Exercising Adequate Safety Measures: The top priority of all property owners and managers should be the safety of those who frequent their premises. When security precautions are not in place, crime can occur. Examples of poor security measures include no security cameras, locks and doors that are either broken or malfunctioning, poor lighting in common areas, and no background checks for employees.
- Not Handling Maintenance Requests: When safety hazards or dangerous conditions are reported by tenants or visitors to the premises, the property owner or manager may decide not to address the situation. This can lead to unsafe conditions and an increased risk of serious accidents. Some examples may include a failure to address leaks, water damage, mold, or pest infestations.
How to Report Negligence in an Apartment Complex
If you’ve been injured due to the negligence of your apartment complex’s property owner or manager, it is crucial that you report this negligence swiftly and via the right channels if you wish to file a personal injury claim. The following steps are a good place to start in reporting this negligence:
- File a complaint with the U.S. Department of Housing and Urban Development. This agency is responsible for enforcing the Fair Housing Act. It is also in charge of investigating housing discrimination-related complaints and a variety of safety issues. You can file a complaint online to resolve these issues or call the agency directly to report a negligent landlord.
- File a complaint with the Better Business Bureau. This allows people to file complaints against a litany of businesses, including apartment complexes. While it might not be able to take legal action against your landlord, it can help mediate disputes and alert others to the issues taking place.
- Report the issues to the relevant state or local agency. You can file a report on the current conditions and any breach of duty by your apartment complex’s landlord or property manager with the correct state or local agency.
How to Prove an Apartment Complex’s Negligence
To file a claim for negligence against your apartment complex, you must have solid proof of said negligence. Legally, negligence is a failure to act with reasonable care that results in direct injury or death. To prove this negligence on the part of your apartment complex, you must establish the following:
- Duty: In a personal injury claim, you have to prove that your apartment complex had a duty of care to uphold. The owners and/or managers have a legal duty to provide habitable and safe living accommodations, maintain public areas, inspect the property on a regular basis for safety and damage control, perform necessary repairs upon knowing of a dangerous hazard, and provide reasonable warning to tenants when repairs cannot be immediately made.
- Breach: Next, proof that this duty was breached by your landlord will need to be established. Common breaches might include a failure to:
- Remove ice and snow buildup from parking lots or sidewalks.
- Keep public areas safe.
- Fix a safety hazard.
- Fix an issue in your unit.
- Install safety precautions when levels of crime are known.
- Causation: You must then show that this breach of duty directly resulted in your injury. Your injury might include physical harm, personal property damage, financial losses, or the wrongful death of a loved one. You must show that if the duty of care had not been breached, your resulting injuries would not have occurred.
- Damages: Lastly, you must identify the damages that happened because of your injury. These could include medical expenses, lost wages, relocation costs, pest management costs, or repair expenses that you paid for out of pocket.
FAQs
Q: Do I Need to Move From My Apartment Complex Before Filing a Claim in California?
A: No, you do not need to move from your apartment complex before filing a claim against that complex in California. However, it is true that, if you are filing a claim because your housing is unsafe or you are living in dangerous conditions, seeking alternative housing is prudent to help prove your case. Your health and overall well-being should take priority.
Q: Is There a Statute of Limitations for Personal Injury Claims in California?
A: Yes, in California, there is a statute of limitations on personal injury claims. From the moment your injury occurs, you have two years to file a claim against your apartment complex. However, if the injury is not immediately discovered, there is an exception. The statute of limitations begins the moment when the injury is discovered.
Q: What Are Common Personal Injuries That Can Occur at an Apartment Complex in California?
A: Common personal injuries that may occur at an apartment complex include:
- Dog bites
- Slip and fall accidents
- Swimming pool injuries
- Sexual abuse incidents
- Accidents taking place in the stairways or elevators
- Exposure to toxic substances, like black mold, asbestos, or carbon monoxide gas
- Fires and explosions that occur due to faulty wiring or gas leaks
Q: Can I Be Evicted After Filing a Personal Injury Claim Against My Apartment Complex?
A: No, in California, your landlord cannot retaliate and evict you once you’ve filed a personal injury claim. You are doing nothing wrong and are simply exercising your legal right. If you do find yourself facing eviction or other forms of retaliation, you may have more legal grounds in which to pursue claims against your landlord and/or apartment complex.
Contact a Trusted Personal Injury Lawyer Today
In California, you have the right to a safe and habitable living environment. However, not every landlord holds up their end by providing you with this right. When this occurs, and an injury happens as a result, you are entitled to seek justice in the form of compensation.
Our attorneys can review the details of your claim and determine what course of action is correct. Our firm understands that unsafe living conditions can be stressful and overwhelming, so we want to do whatever we can to resolve these issues and help you find some peace and security in your own home. Contact Easton & Easton, LLP, today.
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