Can I Sue My Landlord For Personal Injury If He Doesn’t Have Insurance in Bayonne, NJ?
Posted February 11th, 2021 by Anthony Carbone.
Categories: Premises Liability.
According to the law, landlords are liable for injuries of tenants that occur on their premises. Therefore, if you can prove beyond a reasonable doubt that there was a causal relationship between the landlord’s action and your injury, their insurance company will compensate you for the defendant’s negligence. Call a Bayonne Personal Injury attorney for consultation and representation if you want to get a successful lawsuit. However, you may have a question in mind, “can I sue my landlord for personal injury if he doesn’t have insurance?” Here is everything you want to know:
Common dangers that could injure tenants
The landlord is obligated to make the environment and conditions safe for you and your guests. Poor maintenance could lead to:
- Lead poisoning: Older properties and paintings could cause lead poisoning. Therefore, it is the duty of the landlord to make sure their premises are free of anything that could expose tenants and their children to lead.
- Playgrounds: Children could suffer injuries when playing in neglected playgrounds. Landlords must ensure that playground equipment is maintained not to cut, infect, or pose a risk of fracture to children.
- Smoke alarms: Missing or broken smoke alarms will not work properly at the time of need. Therefore, they are likely to cause needless deaths in cases of fire. When this happens, landlords are liable because they should ensure equipment is functioning properly.
- Stairs: Buildings with multiple stories have stairs to aid in movement. Landlords must ensure they are in good condition without broken railings, deteriorated carpeting, and loose banisters. Otherwise, they will be liable if an accident was to occur.
- Flooring: Rental floor should always be safe and clean. Loose floorboards and broken tiles could pose the risk of a severe injury.
- Security: Parking lots and common corridors should be appropriately lighted to reduce the chances of a robbery or assault. This mostly applies to houses that are in high crime areas. Landlords are also tasked with ensuring locks and openings are in good condition.
Landlord’s negligence
To be compensated, the court must be satisfied that the accident occurred due to the landlord’s negligence. They use the following factors:
- Control over dangerous conditions: Landlords are legally required to maintain and repair areas that could result in an injury. They are liable otherwise.
- Knowledge of danger: If the danger is not obvious, it is the landlords’ duty to notify tenants. Otherwise, it will be classified to be negligence.
- Foreseeability of danger: Landlords are held responsible if a reasonable person could have foreseen the accident.
- Failure to take preventive steps: Unless dealing with minor tenants, the law only requires landlords to take reasonable steps to resolve the issue.
Working with an attorney
You must prove to the court that you suffered an accident inside the landlord’s premises due to their negligence. Working with an experienced attorney will help you to build a reasonable and solid case. Consult a Bayonne Personal Injury attorney at 201-829-3805 to walk with you through the whole journey until your case is successful. Remember, you will only be required to pay after winning the case.
