Renting a property from someone, whether it’s your home or place of business, should come with certain assurances. As a tenant, you expect the owner to maintain the property in a way that keeps you and anyone else who uses it safe. 

Unfortunately, that’s not always the case. Whether your landlord or property manager just gets behind on routine maintenance or simply refuses to make repairs, a poorly maintained property can cause serious injuries to tenants. If you’ve been injured and you suspect it’s because of your landlord’s negligence, it’s important to understand what your options are as a tenant.

Can a Tenant Sue a Landlord for Their Injury?

The short answer is yes. Indiana law allows tenants to sue their landlords for injuries sustained due to their negligence. 

Indiana has a legal concept of “premises liability,” which holds property owners responsible for maintaining a safe environment for those legally on the premises. This means your landlord has a duty to ensure the rental property is reasonably safe and free from hazards that could cause injury, such as removing ice and snow in the winter or providing adequate lighting.

Tenant Responsibilities

In the process of filing a claim against your landlord, it’s important to note that you as the tenant also have responsibilities. Essentially, if you aren’t keeping up your end of the rental agreement, you may be found responsible for a portion of your injury.

Tenant responsibilities in Indiana include:

• Keeping your rental clean and in good repair
• Notifying your landlord of any maintenance issues
• Using appliances or systems in a reasonable manner, such as plumbing or heating
• Refrain from defacing, destroying, or damaging anything on the premises
• Comply with any additional clauses as set out in your lease

If your landlord can prove that you acted irresponsibly and it contributed to your injury, you may receive reduced compensation, or none at all.

Common Reasons To File a Claim Against Your Landlord

Since your landlord is required to provide a reasonably safe living accommodation, most personal injury claims against landlords result from poor maintenance. Common injuries tenants sue their landlord for are:

• Slip and fall accidents because of faulty stairs, uneven flooring, or water leaks.
• Injuries caused by malfunctioning appliances or electrical problems.
• Assaults or unsafe conditions related to lack of security measures.
• Exposure to toxins such as lead paint or mold growth.
• Harassment that leads to emotional distress or mental health issues.

Remember that while you may have been injured because your landlord failed to maintain the property you’re renting, in order to successfully sue them you must prove they were negligent. 

How to Prove Landlord Negligence

The burden of proof in personal injury lawsuits is unfortunately on the injured party. You must show your landlord’s negligence caused your injury, and the amount of evidence needed can be overwhelming. Here’s what you’ll need to prove:

• Duty of Care: The landlord had a legal duty to maintain a safe and habitable property.
• Breach of Duty: The landlord failed to uphold this duty by neglecting repairs, creating a dangerous condition, or ignoring safety hazards.
• Causation: The landlord’s negligence directly caused your injury.
• Damages: You suffered physical, emotional, or financial damages due to your injury.

The best thing you can do for your case is to gather as much evidence as possible, and as quickly as you can after being injured. Take pictures of any hazardous conditions, see if there are any witnesses to your injury or the situation that caused them, and make sure you seek medical care and get a copy of your records. If you previously submitted a maintenance request that’s related to the incident — especially if it was ignored by your landlord or property manager — make sure you get a copy.

The more information you can gather, the better likelihood you have of proving your landlord’s negligence led to your injury. 

How Much Compensation Can You Get for Landlord Negligence?         

The amount of compensation you receive depends on the severity of your injury and the degree to which your landlord or property management company was responsible.

When you file a lawsuit for your injuries, part of that lawsuit will be the damages you’ve suffered due to your injury. Common types of damages include medical expenses and lost wages while you recover, but also consider what might happen in the future. Will your injuries require an extended amount of time away from work or ongoing medical care? Are you under an extraordinary amount of pain and suffering because of the situation? All of these things go into the total amount you can attempt to recover from your landlord.

Another thing to keep in mind is what is known as comparative fault. This legal process considers whether you may have contributed to your injury in some way. For example, if you tripped and fell on a broken sidewalk outside your rental unit and broke your hip, you may sue your landlord for negligence. But if you usually wear glasses and you didn’t have them on, you may be considered partly at fault since you might have avoided the fall if you were wearing your glasses.

While it’s not common, if your case goes to trial, comparative fault will be determined by the jury that hears your case. If you are found to be partly responsible for your injury, the amount of compensation you receive will be reduced.

Do You Need a Lawyer To Sue Your Landlord? 

In the state of Indiana, you are not required to have legal representation in a landlord negligence lawsuit. However, personal injury cases require gathering a lot of evidence, not to mention navigating the red tape of insurance claims and legal proceedings. 

If you have been injured because of dangerous conditions at your rental unit — whether residential or commercial — a personal injury attorney can help you understand your case, and whether you might be successful in pursuing compensation.

For over 70 years, BB&C has been a leading advocate for injured individuals in Indiana, offering comprehensive legal services and unwavering support. Our team of professionals has extensive experience in handling personal injury cases of all types. We are dedicated to providing our clients with the highest quality legal representation.

We understand that a personal injury can have a significant impact on your life, both financially and emotionally. If you have been injured because of someone else’s negligence, contact BB&C today for a free consultation with a personal injury lawyer. We are here to help you get back on your feet.

Disclaimer: The content of this blog is intended to be general and informational in nature. It is advertising material and is not intended to be, nor is it, legal advice to or for any particular person, case, or circumstance. Each situation is different, and you should consult an attorney if you have any questions about your situation.