Slip and Fall Accidents in Apartment Complexes: What Tenants Should Know in Montgomery County
In the blink of an eye, a slip-and-fall accident can occur. What took place in a matter of moments can have consequences that last for a lifetime.
An apartment complex slip-and-fall accident in which a tenant is injured raises one question above all that needs to be answered: Who is responsible? Depending upon the circumstances of the slip and fall, the answer to that question may be quite complex.
Determining Liability in an Apartment Complex Slip and Fall Accident
Whoever controlled the area where the slip-and-fall occurred would be at fault for the accident. The legal standard in Pennsylvania is whether the property’s owner or manager knew or had reason to know that a dangerous condition on their property existed that could produce an injury.
A Montgomery County slip and fall lawyer helps clients understand how fault is determined in a slip and fall case at an apartment complex. Understanding the situations where slips and falls most often occur and how an injury victim can protect themselves after a fall are critical pieces of information to have.
How Often Do Slip and Fall Accidents Cause Injury?
While many people may at first consider falls rare or at least mostly not serious, the reality is quite different. Slips, falls, and injuries are both incredibly common and dangerous to a victim. Among emergency medical visits, a leading cause is injury from fall-related accidents. Depending upon the age, physical status, and other characteristics of the fall victim, the end result of a slip and fall can be a serious injury.
This paints a clear picture for the general public: all it takes is one misstep, one hazard in an apartment complex or a poorly lit area, and a consequential injury may result. With that injury comes sizable medical bills, time away from work, and the potential for a lifetime’s worth of pain.
What Is the Significance of Suffering a Slip and Fall Injury at an Apartment Complex?
A property owner and their employees must maintain a property that is reasonably safe to any person who enters those grounds. The area of law that covers this topic and a property owner’s responsibilities is known as premises liability.
For the purposes of a slip and fall injury victim, it must be determined who owes the duty to maintain safe premises. In actuality, the answer to this important question depends on who the injury victim is and what their relationship is to the apartment complex where the injury occurred. The person or group in control of the area where the slip-and-fall occurred will also play a role in determining legal responsibility.
Understanding the different categories of persons that may be present at an apartment complex must be underscored, as well:
- Tenants rent apartment units in a complex. Both tenants and their landlord owe duties under the law and the terms of an apartment lease. The major question in a slip-and-fall case is who was in control of the area where the fall occurred.
- A licensee is a person who is allowed in an apartment complex as a guest of a tenant. This person is owed a duty of care by apartment management and ownership to be notified of any dangerous condition on the apartment complex grounds.
- Finally, an invitee is a person who was on the premises for a business purpose. This could be someone who was on-site to repair an air conditioning unit or to complete an audit of the leasing office’s business practices. A high-level duty is owed by ownership and management to warn invitees of potential on-site hazards.
Which Party to a Slip and Fall is Likeliest to be Responsible for Injuries Suffered?
Two factors matter above all else when it comes to determining responsibility for a slip and fall accident: 1) where the accident took place and 2) how the fall occurred. Answering these two questions will go a long way toward determining fault in a slip-and-fall accident.
Slips and falls in common areas like hallways and parking lots mean that property management and ownership are likely responsible for any injuries sustained. The maintenance and repair of hazards in these spaces is the type that a landlord and their employees must continually inspect for and repair. When an owner or management doesn’t take note of a loose floorboard or melting snow in a parking lot, it can lead to significant legal consequences.
On the other hand, when a slip-and-fall occurs in a tenant’s apartment unit, it may be true that the tenant is responsible for causing their own injuries. A faulty repair performed by the tenant that leads to an injury is likely the tenant’s fault. On the other hand, if the faulty repair occurred only because a landlord failed, over an extended period, to make a repair that was initially their responsibility, then a major legal question of liability must be asked and answered.
What Should an Injury Victim Do Immediately After a Slip and Fall Accident?
- Receive medical attention as soon as possible. Even when no injury is detectable, seek medical attention to determine the exact nature of the injuries suffered.
- Contact apartment management so that the incident is put in writing and a record made of the event. Log all attempts to interact with management or ownership of the apartment complex.
- Speak with an experienced Montgomery County slip and fall lawyer about the best next steps to take.
Enhance Your Ability to Receive Maximum Compensation: Contact Anthony C. Gagliano, III, Esquire, P.C.
When you are injured in a slip and fall accident, take control of your circumstances by contacting Anthony C. Gagliano, III, Esquire, P.C. By reaching out to a Montgomery County slip and fall lawyer for a free case review, you position yourself to receive the maximum amount of compensation for your injuries, lost wages, and pain and suffering.