I fell inside of my own apartment. Can I sue my landlord?
There is more information an attorney would need to know before they could really answer your question. But my best answer is if you fell because of something you, as the tenant did, to create the condition which caused your fall, then the answer is no. However, if the the reason you fell is because of a maintenance issue the landlord is responsible for, then yes, your landlord is liable.
To illustrate the first type of case — an accident caused by something you did — look at what you were doing at the time of the accident. If you fell because you tripped on the cord to the vacuum cleaner when you were tidying up, then the landlord is not responsible. Similarly, if you fell on a wet floor because you were mopping your kitchen or bathroom floor, then you cannot sue your landlord. In both instances, you created the condition which caused your accident.
But if there is a leaky pipe in your your apartment that your landlord neglected to fix despite your repeated complaints, then you can sue your landlord. Similarly, if your landlord undertakes repairs in your apartment, but creates a hazardous condition, the landlord is liable.
Depending on the location of your apartment, there may be other laws that apply like the Multiple Dwelling Law. But depending upon what caused your accident, it is difficult to speculate.
By James Santner, Esq.
If you have questions about a similar situation, feel free to contact us. Consultations are free and there is no fee unless we win.