Landlord's Liability
Liability for Injuries
Depending on whether an injured person is a tenant, visitor or trespasser, the landlord may be at fault for injuries on the premises. However, he is only at fault if he failed to maintain the premises in a safe condition. A landlord is required to correct any open and obvious defects, as well keep his rental property safe and clean. An open and obvious defect is a hazard that can be readily observed, such as a broken gate around the pool area.
Liability for Children
Parents or legal guardians are responsible for supervision of minors at all times. However, the landlord will be liable for a child's injuries if the property is not in good repair or obvious hazards have not been corrected. The landlord is not liable for injuries that occur within the rental unit itself. For example, the landlord is not liable for a child's burns because the stovetop gets hot very quickly. He is liable if he is supervising the repaving of his parking lot, then leaves the area unattended and the child burns himself on hot asphalt.
Liability for Criminal Activity
The landlord guarantees safe and secure premises as part of his warranty of habitability. Security is a concern for every landlord, as he may be liable for any injuries that tenants or visitors receive due to poor security.
Tenants, guests and visitors who have been the victims of criminal acts have been successful in suing landlords for failing to provide proper security. Typically, a landlord is not responsible for the acts of third parties, such as criminals or trespassers. However, if the landlord could have foreseen criminal behavior that would result in injuries to his tenants and their visitors, he may be at fault. The outcome of court cases on this issue depends on whether the specific crime that occurred was foreseeable. If the victim was assaulted, for example, some factors that made the assault predictable include:
- past criminal assaults on the premises
- reports of assault in the area bordering the premises
- poor lighting
- absence of secure fencing and gates
- absence of a security guard
If those factors are present, juries may find that the landlord could have foreseen the assault. Because the assault was predictable, the landlord had a duty to try and prevent the attack. Accordingly, he is liable for the victim's injuries, and she will be able to recover damages from him.
Whether a crime is predictable or foreseeable varies. A victim who was assaulted and suffered emotional damage might not win her lawsuit, if only minor pilfering of newspapers and mailboxes could have been predicted, not assault incidents. However, if the landlord should have foreseen assault situations (since assaults had occurred nearby), then he would be liable for the victim's injuries.
SIDEBAR: Where "front-line defenses" against crime are in poor repair, the landlord may be liable for the victim's injuries regardless of the crime. Front-line defenses include a strong front door with a deadbolt, secure locks on other doors and windows, or lobby doors that are passkey protected.