Any landlord has the duty to care for the residents, during those times when any one of them has chosen to use one of the apartment’s common areas. Those would be the spots where people might gather, or the areas through which residents might pass, on the way to a different location. The size of the building does not alter the nature of the landlord’s duty of care.
Certain things inside of each apartment are the landlord’s responsibility
One of those is the pipes. A leaking pipe should be fixed promptly. It could allow water to form on the floor, creating a slippery surface. The flooring should be free of any segment that creates a raised portion within an otherwise flat surface. Someone might trip on that raised portion.
Tenants are responsible for other features in their apartments
• Tenants must keep walking areas clear. That includes making sure that no throw rugs might cause someone to trip and fall.
• Tenants should not store items in a manner that obstructs a doorway. If a door does not stay open on its own, the landlord should be contacted.
Steps to be taken by victim of slip and fall incident inside of apartment
• Study the terms of the lease.
• Determine whether or not a dangerous condition existed at the location of the slip and fall incident.
• Uncover proof that the landlord knew about the existence of that dangerous condition.
• Learn how long the landlord had known about that particular problem, before fixing it, or before occurrence of a falling incident.
• If problem was not fixed or repaired within a reasonable amount of time, that fact highlights the extent of the landlord’s responsibility.
How a lawyer can help an injured tenant with a lawsuit
A slip and fall incident could have happened quickly, while people were looking elsewhere. It might not be clear to what extent the victim made the fall more likely to happen. Some lawyers have gained access to experts that have become skilled at reconstructing an accident.
A reconstruction could work to expose the dangerous nature of a given situation. A reconstruction could reveal whether or not a certain repair job had fixed the existing problem to a satisfactory extent. A reconstruction could show the extent to which a pool of water had grown at the region of a leak.
The Personal Injury Lawyer in Dartmouth can add to the expert’s knowledge by producing facts on the victim’s injury. That should help to link the reconstructed accident to the injuries suffered by the person that slipped or tripped and then fell down. The establishment of such a link must be carried out, in order for an injured resident or guest to win any landlord-directed lawsuit.