Injury on Rental Property | What Is a Landlord Liable for? | Adam Kutner (2024)

As of 2022, renters in the United States occupied more than 44 million residences. If someone’s injured at a rental property, there can be disputes about who’s liable. Determining if landlords or tenants are responsible for injuries on a rental property involves reviewing the rental agreement and understanding how state laws impact liability.
Premises liability includes damage to personal property. You may wonder if your landlord is liable if a tree falls on the patio and destroys some of your property or if you can sue someone for hitting your car parked on a rental property. Since establishing liability is complex, you may need a premises liability attorney to explain your options and what to expect from the legal process if you’re injured on a rental property or if someone’s injured on a property you own or rent.

Are landlords liable for injury on rental property?

There are multiple ways people can be injured on a rental property, including the following:

• Diseased trees can fall and hit people in the home or on the property
• Leaking pipes could cause a ceiling to collapse and strike a tenant or guest in the head
• People can suffer slip-and-fall injuries on a rental property if a leak causes a wet floor or if there’s snow or ice on the driveway or sidewalk
• Water damage can prompt mold growth, and mold exposure can lead to respiratory issues and other health problems

In most scenarios, landlords are not liable for injuries on their rental property. Reasons the landlord isn’t liability include the following:

• The landlord has an injury clause in the rental agreement that assigns liability to the tenants
• The tenants are responsible for routine maintenance and fail to ensure the property is safe
• The tenants failed to clear snow or ice or other hazards that caused a person’s injuries

When is a landlord liable for injuries on a rental property?

Premises liability applies when someone fails to take reasonable steps to maintain a safe property. That failure causes a person’s injuries. Under Nevada law, property owners and tenants are responsible for taking reasonable measures to ensure their property is safe.

The landlord may be liable if they fail to take appropriate measures. Suppose the rental agreement has an injury clause stating the landlord is not liable for injuries on the property. However, the rental agreement also prohibits tenants from removing trees or making significant changes, improvements, or repairs to the property without written consent.

Suppose the tenant reports a tree is diseased or structural damage to the property. Despite the tenant’s reports, the landlord refuses to address the issue or supply the tenant with written consent to take appropriate steps to eliminate the hazard. A premises liability lawyer can argue that the landlord is liable if their inaction caused injuries.

Are landlords liable for injuries to third parties?

In some scenarios, landlords can be liable for injuries to tenants and third parties, such as guests or delivery people.

Suppose a tenant reports there’s a water leak, and it’s causing a water buildup near the front entrance. When it’s cold, the water freezes. The tenant reports the issue multiple times, and although the landlord is responsible for repairs, the landlord takes no action to have the leak assessed or fixed.

Although the tenants scrape away as much ice as they can and apply deicer before leaving for work that morning, it’s freezing out, and more ice builds up. A few hours later, a delivery driver slips on the ice and suffers injuries. The driver hires the state’s best slip-and-fall accident attorney and sues for damages.

In that scenario, it can be argued that the landlord failed to take reasonable measures to ensure the property was safe for tenants and third parties.

Does PIP cover an injury on a rental property?

Personal injury protection (PIP) auto insurance is required in 12 states. Nevada does not require drivers to have PIP. PIP is limited to medical expense coverage and other expenses stemming from a car accident. It does not cover injuries on a rental property.

How a premises liability attorney can help

Premises liability attorneys will review your rental agreement and the steps taken to eliminate the dangerous conditions on the property before the injury. Our legal team uses state laws and court rulings to justify your claim and ensure you receive the damages you deserve when you’re injured on a rental property.

You may also need a premises liability lawyer to protect you from being held liable for injuries occurring on a property you rent when the landlord should be liable. We’ll investigate, explain your legal options, and fight to protect you from false claims.

Sources:

Basic Facts about Mold and Dampness. (2022).

Girardin, M. (2023). Personal Injury Protection (PIP).

Number of renter occupied housing units in the United States from 1975 to 2022. (2023).

Adam S. Kutner

PERSONAL INJURY LAWYER

With more than 33 years of experience fighting for victims of personal injury in the Las Vegas Valley, attorney Adam S. Kutner knows his way around the Nevada court system and how to get clients their settlement promptly and trouble-free.

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