All Questions

October 23, 2019 | Gary Burger

Tenants and Premises Liability

Your home should be a place where you feel safe and where you shouldn't have to worry about accidents or injuries. But what happens when you're a tenant and you're injured because of a known issue on the property? What can you do if you made the landlord/property owner aware of the issue but they still didn't fix anything? What are your options? Can you sue? Should you sue?

In this FAQ, we discuss the tenant/landlord relationship and how these types of claims can be persued. Remember, you do have rights that you can pursue under law. If an accident happened because of a known property issue that wasn't corrected or was poorly corrected, you may have a case. Our Personal Injury Lawyers in St. Louis can help you fight for your rights to make sure you get what you are owed. Our team can be reach at 314-542-2222 or 618-272-2222.

Can I sue my Landlord for an Injury?

One of the other things that we encounter is — and you have to be careful about is — what about when you’re a tenant? What about when you’re injured on property that you lease from somebody? And this happens all the time. You’re hurt in your apartment. You’re hurt outside of your apartment. You are hurt on someone else’s property, but they rent the property. You’re hurt in someone’s store, but the store owner only leases the store from the building owner, who only leases the store from the property owner. One of the things we have to do is we have to identify all the parties involved: Who owns the place, who doesn’t own the place? The other thing is that we have to sue those and name those people.

there’s a specific jury instruction in the Jury Instructions on Tenants Injured on Premises Reserved for Common Use, and there’s a whole set of laws on invitees and tenants and how that interrelates. And basically, if you’re in your apartment and you’re injured, it’s not the landlord’s fault. If you’re in a common area that is maintained by the landlord, then that is the landlord’s responsibility.

But with every rule there is an exception. There’s also the exception is if there’s an area of the apartment in the area that you are that the landlord fails to maintain and that injures you, then that is the landlord’s fault and they’re obligated to that too.

Call Our Personal Injury Lawyers in St. Louis

If you've been hurt and need help, call our team at 314-542-2222 or 618-272-2222. We take premises liability claims very seriously and we always fight for the full and complete recovery of our clients. You didn't ask to be hurt, you didn't ask to be in pain, and you shouldn't have to beg to get the medical care and recovery that you deserve. If you were injured at your place of residence and you told your landlord previously about the issue that caused your injuries, you can and should sue your landlord. If you need any help with your case, give our team a call. We will fight for you.