When you lease an apartment, you hope it will be a secure and safe environment in which to reside. But accidents can occur because of unsafe conditions, lack of maintenance, or landlord negligence. Whether it is a slip-and-fall on a defective staircase, injuries from defective wiring, or an assault because of poor security, you might have legal recourse to recover for your injuries.
An apartment accident attorney can assist tenants, guests, and visitors in holding negligent landlords, property managers, or third parties responsible for hazardous conditions that cause injuries. Knowing your rights and the legal process can assist you in taking the appropriate measures to recover damages on medical expenses, lost wages, and pain and suffering.
Common Causes of Apartment Accidents
Rental property accidents can happen due to a number of reasons, most of the time because of unsafe conditions which might have been avoided. Slip-and-Fall Hazards are some of the most frequent reasons, such as wet floors, loose carpets, broken stairs, or icy paths, which result in severe falls.
- Faulty Electrical Wiring – Frayed or old wiring has the potential to result in electrocution accidents or fires.
- Inadequate Safety Precautions – Insufficient lighting, faulty locks, or not offering safe entrance points may cause assaults or burglaries.
- Physical Defects – Dropped ceilings, damaged balconies, or unsafe floors may cause serious injuries.
- Poor Maintenance – Non-restoration of leaks, mold, damaged appliances, or faulty elevators may endanger tenants.
- Faulty Smoke or Carbon Monoxide Alarms – If smoke or carbon monoxide alarms are not properly installed or maintained, tenants can experience severe injuries due to fires or gas leaks.
- Dog Bites and Animal Attacks – If the landlord permits a vicious dog onto the premises, they might be held responsible if the dog attacks a tenant or guest.
Who Is Liable for an Apartment Accident?
Determining liability in an apartment accident depends on the specific circumstances of the case. Potentially responsible parties may include:
- Landlords and Property Owners – Landlords have an obligation to provide a safe environment for tenants. If they neglect to fix dangerous conditions or do not address safety issues, they can be held liable for injuries.
- Property Management Companies – If a property management company is tasked with the upkeep of the apartment complex, they can be held liable for negligence.
- Maintenance Contractors – If a third-party company is brought in to make repairs or perform maintenance and their carelessness causes an injury, they might be jointly liable.
- Third-Party Vendors – Manufacturers or maintenance vendors may be liable in situations where appliances are faulty, elevators malfunction, or staircases are unsafe.
For example: A truck driver was an employee because the hiring entity required him to keep his truck clean, report to the dispatch center for assignments, and get prior approval before taking passengers. The hiring entity could also end the employment relationship if the driver was late, failed to contact dispatch, or violated the trucking company’s written policy.6
For example: A truck driver was an employee because the hiring entity required him to keep his truck clean, report to the dispatch center for assignments, and get prior approval before taking passengers. The hiring entity could also end the employment relationship if the driver was late, failed to contact dispatch, or violated the trucking company’s written policy.6
Proving Negligence in an Apartment Accident Claim
To successfully file a personal injury claim after an apartment accident, you must prove that the responsible party was negligent. This generally requires establishing the following elements:
- Duty of Care – The landlord or property owner had a legal obligation to maintain a safe environment.
- Breach of Duty – The responsible party failed to address hazardous conditions or ignored tenant complaints.
- Causation – The unsafe condition directly caused your injury.
- Damages – You suffered injuries and incurred medical expenses, lost wages, or pain and suffering as a result.
Steps to Take After an Apartment Accident
If you’ve been injured due to unsafe conditions in an apartment complex, taking the following steps can help strengthen your case:
- Seek Medical Attention – Your health is the top priority. Even minor injuries should be evaluated by a doctor.
- Document the Hazard – Take photos or videos of the dangerous condition that caused your accident.
- Report the Incident – Notify your landlord or property manager in writing about the accident.
- Gather Witness Statements – If anyone saw the accident happen, collect their contact information and statements.
- Keep Records – Save all medical bills, repair requests, and correspondence with your landlord regarding safety concerns.
- Consult an Apartment Accident Lawyer – An experienced attorney can assess your case, gather evidence, and negotiate with insurance companies on your behalf.
Compensation for Apartment Accident Injuries
If you file a successful claim, you may be entitled to compensation for:
- Medical Expenses – Covers hospital visits, surgeries, rehabilitation, and ongoing treatment.
- Lost Wages – Reimbursement for income lost due to time off work during recovery.
- Pain and Suffering – Compensation for physical pain, emotional distress, and diminished quality of life.
- Relocation Costs – If the apartment is uninhabitable due to the accident, you may be entitled to moving expenses.
- Wrongful Death Damages – If a loved one dies due to unsafe conditions in an apartment, their family may seek compensation for funeral costs and loss of financial support.
How an Apartment Accident Lawyer Can Help
Filing a personal injury claim against a landlord or property manager can be complex, especially when dealing with insurance companies that may try to deny liability. An apartment accident lawyer can:
- Investigate the accident and gather necessary evidence
- Determine all liable parties involved
- Negotiate with landlords, property owners, and insurance companies
- Represent you in court if a settlement cannot be reached
Legal References:
- Espejo v. The Copley Press, Inc. (2017) 13 Cal.App.5th 329. See also ABC Test, California Department of Labor.
- California Labor Code 2775 LAB. See also California Civil Jury Instructions (CACI) No. 2705. See also, for example, Bowen v. Burns & McDonnell Engineering Co., Inc. (Cal.App. 2024) .
- California Labor Code 2775 LAB.
- California Labor Code 2775(b)(1)(A) LAB.
- Dynamex Operations West, Inc. v. Superior Court of Los Angeles County (2018) 4 Cal.5th 903, 958. See also Vazquez v. Jan-Pro Franchising Internat. (2021) 10 Cal. 5th 944.
- Dynamex, supra note 5, citing Western Ports v. Employment Security Department (2002) 41 P.3d 510.
- Dynamex, supra note 5, citing Fleece on Earth v. Department of Employment & Training (2007) 181 Vt. 458.
- Dynamex, supra note 5, citing Great Northern Construction, Inc. v. Dept. of Labor (2016) 161 A.3d 1207.
- Dynamex, supra note 5, at 959-961.
- Dynamex, supra note 5, citing Dole v. Snell (10th Cir. 1989) 875 F.2d 802.
- Dynamex, supra note 5, at 959.
- Alamo Foundation v. Secretary of Labor (1985) 471 U.S. 290.
- Dynamex, supra note 5, at 961-3.
- Dynamex, supra note 5, at 962. Going into business for oneself often involves taking the following steps: incorporating as a business, advertising, obtaining any necessary business licenses, and making offers to provide business services to the public.
- Dynamex, supra note 5, citing Brothers Construction Co. v. Virginia Employment Commission (1998) 494 S.E.2d 478.
- Dynamex, supra note 5, citing Southwest Appraisal Group, LLC v. Administrator, Unemployment Comp. Act (2017) 155 A.3d 738.
- California Labor Code 2780 LAB. Examples include recording artists or their managers, songwriters, lyricists, composers, or proofers, record producers and directors, musical engineers and mixers, musicians and musical groups, vocalists, and photographers working in the music industry.
- California Labor Code 2782 LAB.
- California Labor Code 2783 LAB.
- Same.
- Same. The licensed professionals include lawyers, architects and landscape architects, engineers, accountants, and private investigators.
- Same.
- Same.
- Same.
- California Labor Code 2778 LAB.
- Same.
- Same.
- Same.
- Same.
- Same.
- California Labor Code 2776 LAB.
- California Labor Code 2777 LAB.
- California Labor Code 2778 LAB.
- California Labor Code 2779 LAB.
- California Labor Code 2781 LAB.
- S.G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341. Some of those factors of the Borello test are:
- whether the worker is in a distinct occupation or business,
- whether the type of work normally happens under the direction of the employer or by a specialist without supervision,
- how much skill is necessary for the work,
- who supplies the tools and workspace,
- whether or how much the worker invested in their tools or helpers,
- how long the services will be performed,
- whether the worker is compensable based on time spent on the job or upon the job’s completion,
- whether the work is within the purported employer’s regular business,
- whether the parties believe that they are creating an employer-employee relationship, and
- whether the worker can profit or lose from the work based on their managerial skill.
None of these factors are dispositive. - Same.
- Dynamex, supra note 5, at 954.
- Dynamex, supra note 5, at 956, footnote 23. Because the Dynamex decision changed independent contractor misclassification law, it had a huge impact on ridesharing companies like Uber and Lyft that rely on delivery drivers and taxi-like drivers.
- California Labor Code 2785 LAB.
- Daniel Wiessner, 9th Circuit weighs claims that Uber was targeted by Calif. contractor law, Reuters (March 20, 2024).
- California Code of Civil Procedure 338 CCP; California Code of Civil Procedure 337 CCP. While independent contractors do not enjoy these legal and financial benefits, they have more control in how they work. True independent contractors can: choose which days and hours to work, choose and use their own equipment, and take breaks whenever they want. Actual independent contractors only have to satisfy the companies that they contract with in the products and services that they provide. True independent contractors cannot be told how to provide them. They are central to the current gig economy. This is why independent contractor misclassification is a problem in employment law: Employers classify workers as independent contractors but treat them as employees. By doing so, they can control the work that is provided while also avoiding the legal obligations that are owed to employees.
- California Labor Code 226.8 LAB.
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
