Real Estate Law
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In premises liability situations, the main issue is whether or not the property owner knew or should have known of a dangerous condition that caused the fall......then the next question is whether the injured person knew or should have known of the risk or danger.
The answer to those questions generally determines liability. So, in your case, if the landlord knew there was a danger and didn't do anything to fix/remedy the issue, then you could have a claim for negligence/premises liability. But, you'd also need to show that there was little or no chance that you should have known that you would be injured if you proceeded.
Sometimes, courts will apportion fault to both parties and you can recover the percentage that the court/jury finds was caused by the other party.