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Tower Grove Lawyer
Tower Grove Lawyer, Attorney
Category: Personal Injury Law
Satisfied Customers: 609
Experience:  Experienced attorney in personal injury issues
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Is my landlord liable for medical expenses for an accident

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Is my landlord liable for medical expenses for an accident that occurred on the property I am renting. A friend of mine fell (possibly or probably due to an ongoing and as yet unresolved medical condition-she's fallen 3 times prior to this fall).
Thank you for your question. I will do my best to answer your question. Please note that this does not constitute legal advice as I do not know all the specific facts of your situation. We have not created an attorney-client relationship simply through this communication. Also, please be aware that none of these communications are confidential and are located on a public web site.

The answer to your question is "maybe."

First, you will want to consult your written lease (if you have one) to determine whether the lease divides liability for injuries sustained by a guest. Most written leases contain a provision assigning all liability for injuries to the party that maintained the area. In other words, common areas are usually the responsibility of the landlord and private areas are usually the responsibility of the tenant. Many leases also require tenants to purchase renter's insurance policies to cover injuries in the private tenant space.

One exception to this rule is if the landlord had notice of a problem with the property and failed to fix the problem. For example, if your friend fell on a defective step, and you had previously notified your landlord of the defective step, then the landlord will share in the liability.

The specific facts of your guest's fall are very important. If she fell in a common area, or as a result of a defect the landlord failed to fix, your landlord will be primarily responsible. However, if your guest fell inside your private space, and not as a result of a defect, you are likely responsible.

In any event, I would recommend that your friend notify the landlord, in writing, of her injury and request that the landlord notify his insurance carrier. Depending upon the specific language of your lease and facts of her injury, the landlord may be partially or even fully liable for this injury.

Please let me know if I can clarify my remarks.
Customer: replied 3 years ago.

she had been having several falls from an unresolved ongoing medical/neurological issue prior to this fall. Does that make a difference?



That could increase her potential fault for the accident, but should not affect the distribution of liability between you and the landlord. The potential fault of you and the landlord is based upon the condition of and defects in the property, not the guest's prior medical issues.
Customer: replied 3 years ago.
So, it seems that it doesn't really matter whether or not there was a defect in the property. Simply because it occurred on the property, there is a responsibility for the property owner &/or renter to share medical costs. For example, if a guest had epilepsy & had a seizure on my property & sustained an injury during their crises, I would still carry responsibility for that injury because it happened on my property?

Am I understanding that correctly?
It does matter whether or not there was a defect.

If the sole cause of your guest's injury was a seizure, unrelated to any issues with the property, then your guest would bear 100% responsibility her injury.

Just because a guest is injured on your property does not mean you or the landlord are responsible.
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Customer: replied 3 years ago.

Thank you so much. That really helps...

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