As a tenant, you have the right to a safe living environment, including the exterior and communal areas of your rental property. If you tripped and fell on exterior stairs and suffered injuries, you may be able to hold your landlord responsible for the cost of your injuries.
The premises liability lawyers at Fieger Law can help if you tripped and fell on your landlord’s property due to a hazardous condition. We will review your case to determine their liability and help you seek compensation for the damages you suffered in the accident.
Landlord Duties to Tenants
In Michigan, property owners and landlords are subject to premises liability law, which holds them responsible for maintaining their property in a reasonably safe condition for tenants and visitors.
When a landlord fails to maintain the property, and someone is injured, the landlord may be held legally responsible for the injured party’s damages. They are responsible for the following to keep the property free of hazards:
- Regular property inspections
- Proper maintenance
- Adequate exterior lighting
- Addressing broken or uneven stairs
- Security measures
- Compliance with building codes
- Providing safe and habitable living conditions
- Responding to tenant complaints
If you were injured due to a landlord’s negligence, speak with the slip and fall injury attorneys at Fieger Law. We can look for evidence of your landlord’s failure to maintain the property to help you obtain a settlement for your damages.
When Are Landlords Liable for Tenant Injuries on a Staircase?
Landlord liability depends on whether the staircase is a common area or the tenant’s exclusive area. Additionally, in most cases a hazardous condition must exist to establish liability, such as one or more of the following:
- Wobbly or Missing Handrails: Unstable or missing handrails can cause a tenant to lose balance and fall down the stairs, resulting in severe injuries.
- Uneven Steps or Stairs: Stairs with uneven treads, risers, or disrepair can cause tripping hazards.
- Slippery Surfaces Due to Ice or Snow: Snow and ice buildup on common area exterior staircases can lead to serious slip-and-fall injuries like broken bones or traumatic brain injuries when tenants enter or leave their apartments.
- Poor Lighting or Broken Steps: Insufficient lighting can make it challenging for tenants to navigate staircases, especially at night. Broken steps can also pose tripping hazards.
- Loose or Damaged Carpet or Tiling: Loose or damaged carpet or tiling on communal stairs creates tripping hazards, leading to injuries like sprains, broken bones, or knee damage.
An attorney from Fieger Law can investigate your staircase injury to determine if a hazardous condition was present. Then they can help you hold the landlord accountable for failing to address the issue and causing your injury.
What to Do Immediately After a Staircase Fall
After a serious fall, the shock and trauma of the experience makes it difficult to think clearly and make all the right decisions. That’s why we want to share exactly what you should do after a fall on a staircase.
- Seek Medical Attention
After a fall on exterior stairs, your priority should be to seek medical attention, even if you believe your injuries are minor. Immediate medical care ensures you receive the proper treatment and prevents any injuries from worsening. Also, it creates a medical record that will be helpful if you pursue legal action against your landlord. This documentation provides proof that your injuries were directly caused by the fall. - Report the Incident to the Landlord
Once your immediate health concerns are addressed, do not delay notifying your landlord or property manager about the fall. Make the report in writing and detail the hazardous condition on the stairs that contributed to your accident (such as broken steps, loose railings, or poor lighting). Documenting the incident will provide proof that the landlord was made aware of the dangerous condition and establish a timeline in case of future disputes. - Gather Evidence
Gathering evidence is critical to building a strong personal injury claim. Take photographs of the stairway where you fell, focus on the specific hazard that caused your accident. If there were any witnesses, be sure to collect their contact information and written statements. Their testimony could greatly help your case. Additionally, as mentioned above, medical records are an important part of an injury claim. Keep all medical records and bills related to your injury, as they will serve as evidence for your damages and compensation claims.
How Much Compensation Can You Receive for a Staircase Injury?
The amount of compensation for a staircase injury varies depending upon the circumstances surrounding the incident and the seriousness of the injuries. An experienced law firm can help determine the damages and negotiate compensation for the following types of compensation:
Economic Damages
Compensation for a staircase fall typically covers economic damages like medical expenses, lost wages, and rehabilitation. These damages account for any financial burden your injury caused, both immediate and long-term. Keeping meticulous records of your medical bills and noting time missed from work will help calculate these damages.
Non-Economic Damages
Beyond financial losses, you may also be entitled to non-economic damages, which cover the intangible impact of your injuries. This includes compensation for pain and suffering, emotional trauma, and the diminishment of your quality of life that results from the accident. For instance, if the fall leads to ongoing physical pain or psychological damage, these hardships can be factored into the compensation amount.
Factors that Influence Compensation
Several factors influence the total amount of compensation you may receive. The severity of your injury is a key consideration, as more serious injuries typically result in higher compensation due to their high medical bills and long-term effects. The impact on your daily life, including any limitations on your ability to work or enjoy life as you once knew it, will also play a role. Also, the limits of the landlord’s insurance policy could affect the compensation amount, as many policies have coverage caps.
How to Strengthen Your Claim Against a Landlord
Hire a Premises Liability Lawyer
Premises liability claims are often quite complex, especially when it comes to proving that the landlord’s negligence caused your injury. Hiring an experienced premises liability lawyer can make all the difference in your case. An attorney can help you gather evidence, communicate on your behalf with the insurance companies, and make sure you meet all filing deadlines. Their knowledge can help in negotiating a fair settlement or taking the case to court if necessary.
Document Dangerous Conditions
One of the most effective ways to strengthen your claim is by thoroughly documenting the dangerous conditions that led to your fall. As we mentioned above, taking photographs of the hazard, keeping records of any previous complaints made to the landlord (by you or others), and documenting all communications regarding repairs or the condition of the property will make your case stronger.
Role of Expert Witnesses
An experienced law firm will have access to expert witnesses. They can provide valuable testimony in premises liability cases, particularly when it comes to proving that a landlord’s negligence created the unsafe conditions that led to your injuries. For example, building inspectors can evaluate the stairway and testify about how the property owner failed to meet safety standards. Their professional opinions can go a long way to establish that the landlord was responsible for maintaining a safe environment and failed to do so.
Elements of a Premises Liability Claim
To hold a landlord liable for a tenant’s injuries on communal staircases, you must prove that the landlord was negligent. Negligence means that the landlord knew or should have known about the hazardous condition and failed to take reasonable steps to fix it.
Proving negligence requires establishing the following elements:
- Duty: The landlord had a duty to maintain the property in a reasonably safe condition.
- Breach: The landlord breached this duty by failing to take reasonable steps to fix the hazardous condition.
- Causation: The landlord’s breach of duty caused your injuries.
- Damages: You suffered damages as a result of your injuries.
To establish a breach of duty, you must show that the landlord had actual or constructive notice of the hazardous condition. Constructive notice means that the hazardous condition existed for a sufficient period and that the landlord should have discovered it through regular inspections or maintenance.
You and your attorney from Fieger Law may have to provide evidence such as witness statements, maintenance records, or photographs. These documents can show that the landlord knew or should have known about the hazard and that their lack of action caused your injuries.
Contact Us to Learn if You Can Sue Your Landlord for Your Staircase Injury
Proving negligence can be challenging, but a skilled personal injury lawyer can help you navigate the legal system and build a strong case. Fieger Law has extensive experience representing tenants in premises liability cases, including those involving injuries on exterior and communal staircases.
Our team of dedicated attorneys can help you investigate the circumstances surrounding your accident, gather evidence, and negotiate with your landlord’s insurance company to secure fair compensation for your injuries.
If you have been injured due to a hazardous condition on your rental property, contact Fieger Law today to schedule a consultation with one of our experienced attorneys.
Originally published May 22, 2023.
