Any monetary recovery of damages in a slip-and-fall injury claim usually turns on whether the owner or the operator of the premises had a notice of the defect/condition that gave rise the injury. Thus, if you are a tenant at a certain property that you are renting, and you noticed a certain, potentially dangerous condition, such as defective deck, or unstable porch/stairs, you must notify your landlord of that condition in writing as soon as possible and insist on prompt and thorough inspection and repairs. If the landlord doesn’t respond to the letter promptly, you should call the owner and follow up with another letter.
The above strategy is useful for two reasons. First, any prudent and responsible landlord will appreciate that concern and will act promptly to remedy the dangerous condition. Secondly, having copies of the letters that you sent, notifying your landlord of the dangerous condition, will be crucial evidence of proving notice to the landlord and the landlord’s negligence to repair the condition, triggering the coverage of the homeowners insurance policy for the tenant’s injuries.
If you have any questions about slip and fall injuries on rented property, contact San Francisco injury lawyer Arkady Itkin for a free, no-obligation consultation.