Grayson Accident Attorney Shane Smith Details How Landlords Have a Duty of Care for their Tenants
If you are currently renting and you have experienced a personal injury incident at your apartment, your landlord may be responsible for the incident. However, there must be an extensive look into Grayson law and how it affects tenants and landlords alike.
In Grayson, premises liability law is clear about the liability landlords and tenants (commercial and residential) have. No matter which party is in possession, the landlord has full responsibility to third parties for damages related to poor workmanship or for damages due to the lack of maintaining the premises. The liability lies squarely on the landlord for defective workmanship when the structure is directly or indirectly (through his or her supervision of persons building on his or her behalf. If a landlord has acquired a previously built structure, the landlord may be held liable for a lack of repairs if the new landlord has not had his or her property inspected to ensure the structure’s integrity before an injury has occurred.
Landlords do have a duty of care to keep the premises repaired and in working order. However, Grayson law permits landlords to move the duty to repair the premises to a commercial client as long as it’s written in the lease. This enables the landlord to not be liable for injuries sustained by anyone on the premises if repairs have not been made. However, for residential leases, landlords are responsible for repairs and cannot shift the burden to non-commercial residents. Landlords are also liable for injuries sustained to anyone if he or she knew about the disrepair and failed to fix it. For example, if a landlord knows about a non-working lock on the door of a tenant, but does not fix it, the landlord may be liable for a future burglary.
Landlords do have some protections, but they are not absolute. For example, landlords, just like tenants can rely on legal defenses such as comparative negligence in the case of a lawsuit. However, when both parties have access and the ability to fix the problem, the landlord is not excused from liability for not keeping the property in proper repair. Landlords are also liable for keeping in compliance with local, state, and federal laws and maintaining any communal areas of the premises.
If you are a renter and have been injured on the premises of your landlord’s property, you may have a claim. Since everyone’s circumstances are different the only way to determine if you have a case and what injuries you may have suffered and what damages you may be able to collect on is by speaking with a Grayson Accident attorney. Don’t wait any longer to schedule your free legal consultation at the Law Offices of Shane today by calling (980) 246-2656 today!