Falling under any circumstances is unfortunate and can lead to serious injuries. Under particular circumstances, you may be eligible for legal compensation for your injuries in North Carolina. Let’s take a look at the instances where you may be able to pursue a case against your landlord if you fall and injure yourself on your rental property. If any of the following situations apply to you, reach out to Lewis & Keller to consult a premises liability lawyer in North Carolina for legal assistance.
Key Points
- Landlord Liability – You may sue if your landlord knew about a hazard and failed to fix it.
- Common Hazards – Broken stairs, poor lighting, leaks, and damaged flooring can cause falls.
- What To Do After a Fall – Seek medical help, document the scene, report it, and consult a lawyer.
- North Carolina Law – Important laws like contributory negligence and the statute of limitations can affect your ability to seek compensation.
Table of Contents
- When You Can Sue For Slip & Fall Injuries Inside Your Apartment
- When You Can Sue For Slip & Fall Injuries in the Apartment Complex or Common Areas
- What To Do After a Slip and Fall Injury at Your Apartment Complex
- Common Types of Hazards in Apartment Common Areas
- Elements of a Successful Apartment Complex Slip & Fall Claim
- Potential Defenses Used by Landlords
- Consult a Premises Liability Lawyer in North Carolina
When You Can Sue For Slip & Fall Injuries Inside Your Apartment
If you trip and fall inside your apartment, determining liability can be complex. You might assume the property owner is always responsible, but that isn’t necessarily true. Generally, landlords have a duty to maintain safe conditions within your rental unit. Usually, this refers to plumbing, appliances, and HVAC. You must prove that they were aware of the hazard or should have reasonably known about it and failed to take action.
The specific circumstances surrounding your fall inside your rental home or apartment will determine whether you can pursue a case against your landlord. These cases are often complicated and can be challenging for tenants to win.
For example, if you got hurt because you tripped over clutter on the floor, your landlord is not liable for how you manage your possessions. On the other hand, let’s say the pipes under your kitchen sink have sprung a leak, and you slip and fall on the water on your kitchen floor. This scenario is a little more complex and typically goes 1of 2 ways:
- If you did not know about the leak, or if you did know about the leak but had not yet informed the property management of the leak, it’s unlikely that you’ll be able to pursue a case against your landlord since they cannot be held responsible for something they were unaware of. You may have even agreed in your lease to report water leaks like this to your landlord.
- If you had already notified your landlord of the leaky pipes before you slipped and fell, you may be able to hold them liable for your injuries. In this case, they were aware of the possibly hazardous conditions from leaking water, and they were negligent in their duty to repair your leaky pipes.
Despite your landlord’s negligence in their duties from scenario 2 above, cases like this are still difficult to win in court since juries can be unsympathetic when it comes to slip-and-fall cases. In general, juries hold to the idea that you should have been more careful since you were aware of the slippery floor.
Examples of Landlord Liability for Living Spaces
- Damaged flooring (e.g., torn carpet or broken tiles)
- Faulty staircases or handrails
- Leaks causing slippery conditions
- Poor or broken lighting
- Blocked or obstructed exits
- Defective appliances
- Unrepaired structural damage
- Exposed electrical cords or wiring
When You Can Sue for Slip & Fall Injuries in Apartment Complex Common Areas
Slip and fall accidents that occur in common areas or outside the apartment are often more straightforward when it comes to landlord liability. Property owners are generally responsible for maintaining safe conditions in shared spaces that all tenants use. These common areas include:
- Hallways and stairwells
- Laundry rooms
- Parking lots
- Sidewalks and entryways
- Courtyards or shared recreational spaces
For example, let’s say that you trip and fall in the exterior stairwell of your apartment complex. If you fell because of a foreign substance, it’s unlikely that you can hold your landlord liable since they were probably unaware. If you fell because of a loose brick or a broken stair, however, it’s much more likely that you can make a case against the property owner.
Responsibility can vary depending on your lease agreement and local laws. Property owners are typically expected to perform routine inspections and promptly address hazards in common areas.
Possible Landlord Liability for Common Areas
- Hallways and Stairwells: Loose handrails, torn carpet, or clutter blocking walkways.
- Laundry Rooms: Water leaks, detergent spills, or malfunctioning machines creating puddles.
- Parking Lots and Sidewalks: Potholes, cracks, oil spills, or poorly marked speed bumps.
- Entryways: Loose or shifting doormats, water accumulation, or broken lighting.
- Courtyards and Recreational Areas: Uneven pavement, loose gravel, or debris on paths.
What To Do After a Slip and Fall Injury at Your Apartment Complex
If you suffer a slip and fall injury at your apartment complex, taking immediate steps can help protect your health and any potential legal claim. Here’s what you should do:
1. Seek medical attention
Even if you feel fine, some injuries (like concussions or fractures) may not show symptoms immediately.
2. Report the accident
Notify your property manager or landlord in writing and ask for a copy of the incident report.
3. Document the scene
Take photos of the area where you fell, including any hazards like water, ice, or poor lighting.
4. Gather witness information
Get the names and contact details of anyone who saw the accident.
5. Keep records
Save medical reports, bills, and any communication with your landlord.
6. Avoid admitting fault
Be cautious about discussing the incident, especially with your landlord or their insurance company.
7. Consult a Lawyer
An attorney can help you understand your rights and assess whether you have a premises liability case.
These steps ensure you’re taking the proper precautions to both protect your health and preserve evidence for any potential claim.
Common Types of Hazards in Apartment Common Areas
Certain hazards are frequently found in shared spaces within apartment complexes. These hazards can create unsafe conditions, increasing the risk of slip and fall accidents. Common examples include:
- Staircases and Walkways: Loose or missing handrails, uneven steps, or broken flooring.
- Parking Lots: Potholes, oil spills, or poor drainage leading to standing water or ice.
- Entryways: Water accumulation from rain or snow, creating slippery surfaces near entrances.
- Pool Areas: Slippery tiles, improper drainage, or loose pool decking.
- Apartment Gyms: Faulty workout machines, loose floor mats, or wet floors without warning signs.
- Laundry Rooms: Leaks from washers, detergent spills, or broken tiles.
- Playgrounds and Courtyards: Poorly maintained play equipment, loose gravel, or uneven walking paths.
These hazards often stem from poor upkeep or delayed maintenance, leaving property owners vulnerable to liability if accidents occur.
Elements of a Successful Apartment Complex Slip & Fall Claim
Simply falling on the premises of your rental property does not automatically entitle you to legal action. To successfully pursue a slip and fall claim, you must prove that the property owner’s negligence caused your accident and injuries.
Negligence is based on the principle that all citizens, including property owners, must uphold a standard of reasonable care. If this standard is not met and someone is hurt as a result, the responsible party may be held liable.
To establish that the property owner or manager was legally responsible for your injuries, several key elements must be proven. These elements include:
- Duty of care – The landlord or property owner had a legal obligation to maintain a safe environment in common areas.
- Hazardous condition – There was a dangerous condition on the property, such as a slippery floor, uneven walkway, or broken lighting.
- Knowledge of the hazard – The landlord knew or should have reasonably known about the hazardous condition but failed to address it in a timely manner.
- Causation – The hazardous condition directly caused your fall and resulting injuries.
- Damages – You suffered actual harm, such as medical expenses, lost income, or pain and suffering, due to the accident.
Collecting strong evidence—such as photos, witness statements, and maintenance records—can significantly strengthen your case. A premises liability lawyer can help you gather this evidence.
Potential Defenses Used by Landlords
Landlords may use various defenses to challenge a slip-and-fall claim. Understanding these defenses can help you prepare a stronger case.
No Knowledge of the Hazard
The landlord may argue that they were unaware of the hazardous condition and had no reasonable way to know about it in time to fix it.
Open and Obvious Hazard
If the danger was clearly visible, the landlord may claim that you should have avoided it.
Tenant Negligence
The landlord might assert that you were partially or fully responsible for the accident due to careless behavior, such as running or not paying attention to your surroundings.
No Duty in Certain Areas
The landlord may argue that they were not responsible for maintaining the area where the fall occurred, such as inside your apartment, if the hazard was caused by your belongings or actions.
Preparing evidence that shows the landlord had prior notice of the hazard, the condition wasn’t obvious, or that you acted responsibly can help counter these defenses.
North Carolina’s Contributory Negligence Laws
North Carolina follows a contributory negligence system, which can significantly impact slip and fall cases. Under this rule, if you are found to be even 1% at fault for the accident, you may be completely barred from recovering any compensation. This is one of the strictest standards in the country, making it crucial to demonstrate that you acted responsibly and that the landlord’s negligence was the sole cause of your injuries.
Given the high stakes of contributory negligence, consulting with a premises liability lawyer can help ensure that your case is presented in a way that minimizes any potential assignment of fault to you.
Consult a Premises Liability Lawyer in North Carolina
If you were injured on your landlord’s property and believe they are responsible, contact a premises liability lawyer in North Carolina. Lewis & Keller has been offering legal assistance throughout the state for over 2 decades, and we’ll be proud to represent you.
Don’t wait—schedule your free consultation today to discuss your options and learn how we can help you pursue the compensation you deserve.
