FREE CONSULTATION (775) 337-0300 (775) 337-0300

Who is Liable for Injuries Sustained at a Rental Property?

Posted on December 29, 2017
Who is Liable for Injuries Sustained at a Rental Property?

When injuries to tenants or third parties occur, a Nevada property owner or manager may be liable if it is proven that a dangerous condition existed, the landlord knew about or should have known about the hazard, and the landlord’s negligence caused the injuries. Property owners are more likely to be liable for injuries when accidents happen in common areas. Landlords are less likely to be liable when injuries occur inside tenants’ homes from hazards that the landlord did not know about and could not reasonably have known about.

When a Landlord Might Be Liable

Landlords may be liable for injuries that happen to tenants or visitors to their properties if the accidents happen in common areas. To be liable, there must have been a defect that the landlord either knew about or should have known about. For example, if there is a damaged area of asphalt that has existed for a sufficient length of time on a walkway, the landlord may be responsible to pay damages if someone trips and falls because of the defect. Landlords may avoid liability by warning visitors and tenants of dangerous conditions by posting signs, taping off the area around the defect or positioning orange cones around the hazard.

Landlords may also be liable for injuries when they have been notified of a defect and do not do anything to warn others or remedy the problem. For example, if a tenant has told the landlord that there is a loose handrailing on the staircase, the landlord may be liable if he or she decides to wait before repairing it and someone falls because it gives way. An exception may exist if the hazard is one that is considered to be open and obvious, however. If the hazard was such that the visitor could obviously see it and avoid it, the landlord may escape liability.

Proving Liability

Nevada landlords and property owners have a duty to tenants and the general public to provide a safe environment that is free from dangerous conditions. Proving a landlord’s liability for injuries that were sustained by a tenant or visitor involves showing that the landlord failed to uphold that duty and his or her negligence resulted in the damages. A personal injury attorney can evaluate the circumstances to determine whether the landlord is liable for the injuries sustained.