Can I File a Personal Injury Lawsuit Against My Landlord?

As of the third quarter of 2024, the U.S. Census Bureau reports that about 31 percent of residents in the United States are renting versus owning. This means that over 98 million people are living in some type of rental property.

As the numbers indicate, a lot of individuals and families are renters. While their lifestyles and circumstances may all differ, everyone has one goal in mind – they just want to rent a place that is safe, comfortable, and which they can call home. Unfortunately, whether you are renting an apartment, townhouse, or single-family home, problems can always arise and the potential for injury exists.

So, what should you do if you are severely injured while renting?

Personal Injury Claims Explained

Before considering taking any legal action against your landlord, you should understand precisely what is involved in a personal injury case. Accidents and injuries can happen anywhere, but that doesn’t necessarily mean your landlord is at fault simply because it happened where you live. To have a personal injury case, you must be able to prove that your injury occurred as a result of your landlord’s failure to maintain a hazard-free rental property or that they failed to notify tenants of a dangerous condition.

What Are The Requirements For Landlords In Pennsylvania?

Pennsylvania adheres to the implied warranty of habitability. Under Pennsylvania law, landlords are required to provide rental properties that are safe, sanitary, and fit for human habitation. This includes ensuring that critical services such as heat, water, electricity, and structural safety are maintained. The landlord must also address serious health and safety concerns, like pest infestations, leaks, or defective plumbing.

If a landlord fails to meet these standards, tenants may have several options for recourse, such as reporting the violations to housing authorities, withholding rent, or even terminating the lease. In certain cases, tenants may be able to file a lawsuit for damages resulting from the landlord's failure to maintain the property in a habitable condition. However, the process must follow specific legal requirements, and tenants should document all communication and conditions thoroughly.

How Do You Prove Landlord Negligence?

For your landlord to be held liable for your injury, several different factors must be in place. To make a strong case that your landlord’s negligence caused your injury, you should be prepared to prove the following:

• It was the responsibility of your landlord to properly maintain the area where you were injured. For example, if you fall down the stairs in your townhouse because one of the steps was loose, then your landlord could be held accountable if the lease indicates that they were responsible for all the maintenance inside the unit.
• The landlord could have taken steps to prevent the accident from occurring but failed to do so. Even if they may save a little time and money, shortcuts and quick fixes can just result in bigger problems down the road.
• The cost to remedy the issue was affordable and not outrageously expensive.
• The potential of a serious injury occurring was foreseeable. If the landlord knew that the problem existed and that it could injure a tenant, then there is a big problem.
• Your severe injury is a direct result of the landlord’s negligence.

Should You Pursue A Personal Injury Claim?

Suppose you are severely injured while living in a rental property, and the incident occurred because of negligence. In that case, you might be able to file a personal injury lawsuit against your landlord. However, reviewing the fine print in your rental agreement is essential. This will help ensure that your landlord is responsible for the area that caused your injury.

It is also important to remember that two renters in different properties may have very different rental agreements. Just because someone else’s lease indicated that repairs were not their responsibility does not automatically mean that yours will, too. A thorough review of your signed lease will help you better understand whether you can pursue legal action.

If your rental agreement indicates that responsibility falls on your landlord, then the next step is to consult with an experienced personal injury lawyer. Your lawyer will be able to compile all of the necessary evidence before you can file a personal injury claim. In a valid personal injury case, you will have the ability to seek compensation for:

• Current medical bills resulting from the injury
• Anticipated future medical bills
• Lost wages from being unable to work
• Permanent physical disability
• Pain and suffering

Choose Ross Feller Casey For Your Personal Injury Claim

If you have been seriously injured due to a landlord's negligence or failure to protect tenants in Pennsylvania, Ross Feller Casey is here to help. Our experienced premises liability attorneys have a proven record of successfully handling personal injury lawsuits, including cases involving landlord liability where a landlord violated their obligations, resulting in injured tenants. We have secured numerous multimillion-dollar recoveries for our clients in these types of cases.

At Ross Feller Casey, we handle all claims on a contingency basis, meaning there is no cost to you until we achieve a financial recovery in your case. There is a time limit for filing these claims, so don't delay. Contact us today to schedule your free case evaluation with one of our skilled premises liability attorneys.