Landlord Liability for Tenant’s Personal Injuries in California
Is your landlord unresponsive or unconcerned about keeping the premises safe? Have you complained about an unsafe condition at your rental unit or on the property, whether commercial or residential, and nothing was done before you got injured? If so, you may be entitled to compensation. Though tenants owe a duty to landlords to live by the terms of the lease agreement, landlords also owe a duty to their tenants. Among many things, landlords must provide safe and secure living conditions. If a landlord breaches a duty, and the tenant is harmed physically or––under certain circumstances––emotionally, the tenant is entitled to compensation. The tenant could even be owed punitive damages if the breach is shown to be malicious, oppressive, or fraudulent.
Here we provide an overview of landlord-tenant law with regard to personal injuries in California. It’s important to remember, however, that this is a summary and may not be specific to your case. It’s always important to speak with an attorney. Most personal injury attorneys in Los Angeles offer free initial consultations. So, it’s no risk to you. The only problem: finding the right attorney among hundreds in Los Angeles.
That’s where we come in. We help you locate a personal injury attorney in the Los Angeles area that has the right skills and experience you need. Contact us today, and we’ll get you started on the road to recovery.
What is a Landlord’s Duty to Tenants in California?
Landlords’ duty to tenants with respect to personal injury is rooted in California’s implied warranty of habitability. According to California courts––specifically Green v. Superior Court, 10 Cal. 3d 616 (1974)––residential rental agreements are endowed with an implied warranty of habitability. This basically means that your landlord must make sure that the property is safe and livable, and when repairs are necessary then they are made.
According to Civ. Code § 1941.1, a rental unit is untenantable if it substantially lacks any of the following:
1. Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.
2. Plumbing or gas facilities that conformed to applicable law in effect at the time of installation, maintained in good working order.
3. A water supply approved under applicable law that is under the control of the tenant, capable of producing hot and cold running water, or a system that is under the control of the landlord, that produces hot and cold running water, furnished to appropriate fixtures, and connected to a sewage disposal system approved under applicable law.
4. Heating facilities that conformed with applicable law at the time of installation, maintained in good working order.
5. Electrical lighting, with wiring and electrical equipment that conformed with applicable law at the time of installation, maintained in good working order.
6. Building, grounds, and appurtenances at the time of the commencement of the lease or rental agreement, and all areas under control of the landlord, kept in every part clean, sanitary, and free from all accumulations of debris, filth, rubbish, garbage, rodents, and vermin.
7. An adequate number of appropriate receptacles for garbage and rubbish, in clean condition and good repair at the time of the commencement of the lease or rental agreement, with the landlord providing appropriate serviceable receptacles thereafter and being responsible for the clean condition and good repair of the receptacles under his or her control.
8. Floors, stairways, and railings maintained in good repair.
9. A locking mail receptacle for each residential unit in a residential hotel.
Schedule a Case Evaluation
100% free, private, and designed for your specific situation
When is a Landlord Liable for a Tenant’s Personal Injury in Los Angeles?
When a landlord breaches the implied warranty of habitability or another duty to tenants, the claim is typically filed as a negligence claim. To be successful at a claim or lawsuit, the tenant must prove that:
1. The landlord had a duty to maintain the property reasonably.
2. The landlord knew or should have known an unsafe or dangerous condition existed on the property (a common area or specific tenant unit).
3. The landlord failed to repair or fix the unsafe or dangerous condition.
4. The tenant (or a guest of the tenant) was injured because of the landlord’s failure to repair.
5. The tenant’s (or a guest of the tenant) injury resulted in actual damages.
Further, a landlord can be held vicariously liable for the action or inaction of an agent of the landlord, like:
- An employee
- A contractor
- A repair or service worker
- A manager.
Though a landlord can delegate a job to repair a dangerous condition to another person or entity, the landlord cannot delegate the duty to repair the dangerous condition.
Does the Landlord have a Defense to a Tenant’s Personal Injury Claim?
A landlord could have a defense to a tenant’s personal injury claim if he or she did not reasonably know about the dangerous condition. The landlord must keep in mind, however, that this defense is not applicable when:
- The landlord failed to reasonably inspect the property for dangerous conditions––periodic inspections are required;
- The landlord failed to take steps to prevent a dangerous condition or to prevent an injury from a dangerous condition; or
- The landlord’s agent or an employee created the dangerous condition, at which time the landlord is presumed to have known about the dangerous condition.
Sometimes a landlord may claim knowledge of the dangerous condition but didn’t yet have the time to repair it. A landlord must be given reasonable time to discover and repair dangerous conditions. Reasonable time means that a landlord only knew about the dangerous condition for as long as it would take to:
- Repair it;
- Protect against harm; or
- Warn tenants and other of it.
For example, if a landlord learned of a sinkhole, it may take only an hour to create a sign to warn and put up fencing to keep people out. When a case appears in front of a jury in a trial, the jury would decide what’s reasonable in terms of time.
When is a Landlord Liable for a Tenant’s Personal Injury in Los Angeles?
When a landlord breaches the implied warranty of habitability or another duty to tenants, the claim is typically filed as a negligence claim. To be successful at a claim or lawsuit, the tenant must prove that:
1. The landlord had a duty to maintain the property reasonably.
2. The landlord knew or should have known an unsafe or dangerous condition existed on the property (a common area or specific tenant unit).
3. The landlord failed to repair or fix the unsafe or dangerous condition.
4. The tenant (or a guest of the tenant) was injured because of the landlord’s failure to repair.
5. The tenant’s (or a guest of the tenant) injury resulted in actual damages.
Further, a landlord can be held vicariously liable for the action or inaction of an agent of the landlord, like:
- An employee
- A contractor
- A repair or service worker
- A manager.
Though a landlord can delegate a job to repair a dangerous condition to another person or entity, the landlord cannot delegate the duty to repair the dangerous condition.
Experienced Landlord-Tenant Personal Injury Attorneys
We know the attorneys in Los Angeles who have combined experience in personal injury law and tenant-landlord law. Their knowledge, insight, and experience can be the difference between obtaining just and fair compensation or settling for less than what you deserve. That matters because your health and recovery matter. Contact us so that we can connect you with the right Los Angeles personal injury attorney today.
