How do you prove a landlord’s negligence?

If you have sustained an injury while on someone else’s property, you may file a negligence lawsuit against the landlord. To succeed in a negligence lawsuit, you must prove that the landlord was negligent and that their negligence caused your injury.

What is negligence?

Negligence is failing to fulfill the standard of care that a reasonable person would have upheld under the same circumstances. Within the framework of premises liability, a landlord’s negligence can manifest in many different ways, such as:

• Failure to maintain the property in safe conditions: This could include things like having slippery hallways, defective stairs, or inadequate lighting.
• Failure to warn of known dangers: The landlord has an obligation to warn visitors of any known danger on the property, such as an uncovered well or an aggressive dog.
• Failure to take measures to prevent injuries: If a landlord knows there is a risk of injury, they have an obligation to take measures to prevent them. This could include installing railings on stairs, repairing a leaky roof, or pruning trees that could fall on the property.

How is the landlord’s negligence proven?

To prove the landlord’s negligence, you will need to gather evidence demonstrating the following elements:

• The landlord had a duty of care towards you: This means the landlord had an obligation to act with the care that any reasonable person would have acted under the same circumstances.
• The landlord failed in their obligation of care: This means the landlord did not act with the care that a reasonable person would have acted.
• The landlord’s breach of duty of care caused your injuries: This means you would not have been injured if the landlord had acted with the care of a reasonable person.
• You have suffered damages due to your injuries: This means you have incurred medical expenses, lost wages, or suffered other damages due to your injury.

At GB Legal, we are here to help you.

If you have suffered from injuries while on someone else’s property, contact GB Legal today. Our lawyers have the experience and knowledge necessary to help you obtain the compensation you deserve.