Can a Tenant Sue a Landlord for Injury?

Landlord-tenant laws govern rental property, such as business-related and domestic. It is comprised mainly of state statutes and common law. Numerous states have established their statutes on either the Uniform Domestic Landlord and Tenant Act (URLTA) or the Model Domestic Landlord-Tenant Code. Federal statutes might be further pertinent during moments of national/regional crises and in stopping types of bias.

The foundation of the legitimate affiliation between a landlord and tenant is based in both contract and property law. The tenant possesses a interest in the property in the land for a specified period prior to the interest in the property transferred back to the landlord. Although these four kinds of relationships are usually correct, they are made susceptible to state statutes, in addition to the authentic lease settled on by the landlord and the tenant. The tenancy length is usually categorized in one of four types: term of years tenancy, periodic tenancy, tenancy at will, and tenancy at sufferance.

A property owner owes an obligation to renters and other people who come onto their property. This differs with who comes in and why he or she enters the property. The most common individuals who come onto a landlord’s property are renters. This obligation demands landlords to ensure to inhibit injury to their tenants. Landlords always have at least some obligation to their tenants—an obligation to utilize or establish reasonable care so to avert injuries. Depending on the lease’s terms, the obligation can be made even more effective if the landlord willingly undertook specific maintenance or repair duties past the standard. Though, it is not a complete obligation—landlords do not sustain strict liability, which suggest that they are not deliberately responsible whenever a tenant is injured on the premises. Instead, whether the landlord satisfied their obligation is examined utilizing the negligence standard.

Proving Landlord Negligence

Landlord or property manager negligence is mainly described as a failure to perform timely inspections, repairs, or maintenance in a property and/or building. If a tenant can establish that a landlord or property manager deliberately failed to fulfill his or her rental agreement with his or her tenant, then that person may be liable of negligence. Although, being filing a suit for negligence is dependent on several aspects.

Elements of Negligence

  • Duty: All landlords and property managers have an obligation to keep a dwelling fit for human habitation and comfortable for their tenants. This part of a negligence claim is just the legal condition and conduct standard in safeguarding tenants from excessive risk of harm.
  • Breach of duty: This element occurs when the individual being taken to court breaches their duty. Regarding landlord negligence, a breach of duty would pertain to any contract or rent infringement. For instance, if a tenant grumbles about a leaking pipe under the sink, and the landlord or property manager has a duty according to the rental lease or contract to repair every leak, the leak needs to be repaired. If a landlord fails to do this, it is a breach of duty on the part of the landlord or property manager.
  • Causation: This is when a breach of duty on the landlord or property manager’s part brings about damage to either the tenant or his or her home/property. Regarding the previous example, if the landlord being brought to court for negligence fails to fix the leaking pipe, and the water from the leaking pipe then ruins the floors or other part of the tenant’s property, causation exists in the negligence suit.
  • Damages: This is a rather clear element of the suit but can sometimes be the most difficult to establish. This element entails whatever damages the plaintiff pursues against the landlord. Numerous kinds of damages include: compensatory, general, special, nominal, and punitive.

What a Landlord Could Do to Avoid a Negligence Suit

  • Property damage is not the only kind of damage that landlords can be brought to court for. If a landlord or property manager does not give an account of questionable activity to their tenants or the police or fails to fix outdoor lights or security features, that individual can possibly be brought to court for negligence—particularly if a burglary takes place.
  • Landlords and property managers always must verify that they possess insurance for their property. Not only does a landlord require homeowners’ insurance, but in a few instances he or she will also require landlords’ insurance. This individual must consult state and city laws on if two different policies are necessary.
  • A better way to avoid a negligence suit is to fix every tenant property complaint and/or dangerous conditions at the earliest opportunity and to make it a main concern to perform routine inspections. Landlords have an obligation and responsibility to their tenants to make sure that the property is habitable, secure, and danger-free.

Advantages of a Person Bringing His or Her Landlord to Court

  • Could Persuade a Landlord to Settle Outside of Court: If an individual notifies his or her landlord of his or her intent to bring him or her to court, this could persuade said landlord to do everything in his or her ability to prevent taking legal action. The landlord might accept settling with the person prior to the matter ever going in front of a judge.
  • Get Money He or She is Owed: If an individual sues his or her landlord and wins, he or she will be awarded the money he or she is owned, probably more. For instance, if the person’s landlord illegally refused to give his or her security deposit, that individual will be awarded this amount, and in a few states, two or three times this amount.
  • Get Damages: If the person wins a court case against his or her landlord, he might also get damages. For instance, if the individual’s unit was unlivable, he or she could be awarded damages for any pain and suffering it caused him or her.
  • Exculpate a Person’s Name: Winning a suit against his or her landlord could assist in clearing the individual’s name. For instance, if the person is evicted, the eviction would appear on his or her credit report for years to come. If the individual could establish that his or her landlord is attempting to illegally evict him or her, then he or she can retain his or her good credit and name.
  • Could Remain in His or Her Apartment: If the person sues his or her landlord for a wrongful eviction and wins, he or she will not be compelled to move from his or her apartment.

If you need a personal injury lawyer for your accident case, call DLE Lawyers!

Car accident statistics are a good way to put driving danger in perspective and can act as a wake up call to those that believe they are invincible on the road. Here are some alerting facts about car accidents that should be taken seriously:

  1. Motor traffic accidents are expensive. Statistics show that accidents can cause countries nearly 4% of their Gross Natural Product (GNP) on a yearly basis.
  2. For every 1mph reduction in the speed limit, there is a 2% reduction in the number of average crashes.

Let’s break it down:

  • When hit by a vehicle travelling at 20mph, nine out of 10 pedestrians will survive.
  • When hit by a vehicle travelling at 30mph, five out of 10 pedestrians will survive.
  • When hit by a vehicle travelling at 40mph, only ONE out of 10 pedestrians will survive.
  1. Studies show that your response and reaction times are equally as bad when driving after being awake for 24hours as they are when you’re considered DUI.
  1. Teens are less likely to wear seatbelts. In 2018, Over 55% of teens involved in a car accident where not wearing a seat belt.
  1. Moreover, 30% of those teen drivers who where not wearing a seatbelt had been drinking.
  1. The first car accident happened in Ohio in 1891, when James Lambert lost control of his gasoline powered buggy and crashed into a hitching post. He suffered minor injuries.
  1. Many people where outraged when the car radio was introduced because they thought it would be very distracting and therefore dangerous.
  1. If you’re under 35 and live in the USA, your highest probability of death is from a car accident.
  1. When in a car crash, reports show that 40% of drivers never even had the chance to hit the brakes during the crash.
  1. Ever seen the movie “Cars”? The co-writer and director, Joe Ranft, died in a car accident while it was still in production.
  1. Driving accidents kill over a million people per year.
  1. Want a 23 times higher chance of crashing? Easy, just text and drive.
  1. Malaria is not the highest cause of death around the world, road accident are.
  1. 50 Million people are injured from car accidents yearly around the world.
  1. The world should be in a hurry to adopt self-driving cars; they could reduce traffic accidents by over 90%.
  1. Almost 40% of kids under 12 years old involved in car accidents where not wearing a seatbelt.
  1. After 9/11, there was unusual amount of fatal traffic accidents because Americans chose to drive instead of fly due to fear.
  1. It takes a good airbag only 30 milliseconds to fully inflate
  1. You are 11 times more likely to be in a fatal car accident if your BAC is .08 or higher.
  1. At a .08 BAC it would take 6 hours for your body to completely eliminate the alcohol from its system.

21. Nearly ¾ of fatal crashes between midnight and 3AM involve alcohol.

  1. Close to 3 out of 4 drunk drivers do not wear seatbelts when they are involved in fatal collisions.
  1. Often times, other drugs are used in combination with alcohol in fatal motor vehicle collision. 18% of the time drugs other than alcohol such as marijuana or cocaine are the cause of fatal accidents.
  1. It takes a 170-pound male 3-4 beers to be over the legal drinking limit and it takes an average size woman just 1-3 beers.
  1. South Africa has the highest rate of fatal driving deaths.
  1. In the United States, 31 percent of all road deaths are due to excessive drinking.
  1. In South Africa, 58 percent of road deaths are due to drinking under the influence.
  1. The total costs of driving deaths in the US are an estimated $50 Billion dollars.
  1. Nearly 10% of the US population has admitted to driving under the influence at least once in their life.
  1. Driving deaths have fallen by 50% since MADD was founded in 1980.
  1. The average drunk driver has driven over 80 times before their first arrest.
  1. The first drunk driving incident was by a taxi driver in 1897, he slammed his cab into a building and was charged 25 shillings.
  1. The 4th of July is the most deadly day to drink under the influence.
  1. New Years Eve has more DUI arrests than any other day of the year.
  1. The reaction time of a teen using a cell phone is the same as a 70 year old who isn’t using one.
  1. The average text takes 5 seconds to read and it would take 5 seconds drive through a football field at 55 mph.
  1. In the UK and US, people who drive station wagons are over 50% less likely to be involved in a fatal car accident because they’re safer on the roads and tend to not take as many risks.
  1. In 1904, the very first speeding ticket was issued for a driver going 12 mph.
  1. Between midnight and 3a.m. is the most dangerous time to drive.
  1. Most car accidents happen within 3 miles of the drivers home.
  1. The average driver will curse over 32,000 in their lifetime from road rage.
  1. Wyoming is the state with the highest motor vehicle death rate in the US at 24.7 deaths per 100,000 people
  1. Rhode Island is the state with the lowest motor vehicle death rate in the US at 24.7 deaths per 100,000 people
  1. The likelihood of injury is extremely high in motorcycle accidents: 98% of multiple vehicle collisions and 96% of the single vehicle accidents resulted in some kind of injury to the motorcycle rider; 45% resulted in more than a minor injury.
  1. 2% of fatalities caused by distracted driving are due to drivers adjusting both audio and climate controls
  1. 1% of distracted driving fatalities relate to lighting or putting out a cigarette while driving.
  1. People have tried to sue Apple for car accident cases involving drivers on FaceTime.
  1. Eating, reading and putting on makeup increase the chances of an accident by up to three times.
  1. Crashes cost the U.S. $230.6 billion per year, or an average of $820 per person
  1. Males were more likely than females (15.1% vs. 7.9%) to drive drunk.
  1. People not wearing a seatbelt are 30 times more likely to be ejected from the vehicle during a crash.

51 insane car accident statistics infographicinsane car accident statistics infographic

Should I get an attorney for auto accidents?

Yes! Hiring a lawyer for a car accident is a great decision when you are not at fault and feeling pain or suffering from the accident. With a lawyer by your side, you will have a huge advantage over someone who doesn’t have a personal injury attorney and wants to file for claims and losses. The huge advantage comes from the years of experience and knowledge of the law that the lawyer and firm provide. If you hire a lawyer the chances of you recuperating your losses and getting your life back in order are maximized.

Can I fire my auto accident lawyer?

Yes, you can fire your auto accident lawyer at any time and for any reason. However, this doesn’t necessarily mean you should do so without considering a few things beforehand.

  1. You should hire a new car accident lawyer before you fire your current lawyer and write the court a letter with a notice of a change in who is representing your case.
  2. Make sure that you also have written proof of a letter sent to the attorney you are firing that states they will no longer be representing your case.
  3. Make sure that it is worth your time to go through the process of firing your current attorney and hiring a new one. These processes can take a long time and are not worth the hassle for most cases unless there is a significant amount of settlement potential you think you could achieve with the new attorney.
  4. Most personal injury lawyers do not charge fees (unless they win), however, if they do, you will have to pay any outstanding balances on your account with that attorney.

At the end of the day, there are various reasons you would want to fire your car accident lawyer, however it is important to make sure that the decision is worth your time and money, if not, try to stick through with your current lawyer and make it work!

There are three steps a driver who is involved in an accident must take.

  1. In Florida, you are legally required to help anyone you believe has been injured or hurt from the accident.
  2. You must call the police or the Florida highway safety patrol if you believe there is over $500 worth of damages from the accident or if someone has been injured.
  3. Try your best to move your car out of the way from traffic. If you are unable to move your car for any reason you should call a tow truck to do it for you.

Please remember, these are only steps required by Florida Law. There are several safety precautions and steps to take after the accident that you should do in most cases. Some of these steps involve:

  1. Hire a car accident lawyer if you believe there was a form of negligence from the other driver.
  2. Make sure there was accidents report written so that you can make claims on your insurance.
  3. Record your own information and notes about the crash so you don’t forget any details later.
  4. Gather witnesses for the accident so it is easier to prove who is at fault.

Unfortunately, most people will be involved in a car accident at least once throughout their lifetime. It is important to know these steps beforehand to minimize the stressful conditions of a car accident.

What is an auto accident?

Although this may seem like a very simple question, many people will only answer it partially right. A car accident is the event in which a car strikes another car, pedestrian, animal or any stationary object. Most people will forget that car accident don’t always have to involve other cars, therefore answering this question incorrectly.

How to negotiate auto accident settlements?

Negotiating car accident settlements are not much different than negotiating anything else. However, there are a few things to make note of that can put you in an advantageous position against the insurance companies.

  1. You will never receive more than what you ask for, so always start with a very high ask, it doesn’t hurt.
  2. Make sure you added up all the bills that came from the car accident, you will want to recover at least this amount. Remember; never ask for just the amount that you added up, you are likely to get less than whatever you ask for. This would result in a loss, which should be the case if you weren’t at fault in the accident.
  3. Know exactly what your insurance policy covers. This works both ways, as there is no point in fighting for something your insurance doesn’t cover, however, it could also lead you to find damages that you didn’t know you could recover.
  4. Kindness always works better than angriness in negotiations. Be nice to whomever you are negotiating with and the process wont be as stressful or challenging.
  5. The Insurance Company will lowball you, make sure you don’t lose hope in your numbers and keep fighting for what you deserve. The majority of negotiations will be resolved with a number in the middle of your highest ask and their minimum bid.
  6. Although it is possible to negotiate a car accident settlement for yourself, it is much more effective to do so with an experienced car accident attorney by your side. Remember, car accident law firms have experience and are familiar with the Florida Law, therefore maximizing the potential settlement amount for you.

Does Medicare pay for auto accident injuries?

Yes, generally, Medicare will cover any medical costs that you incur form the car accident after the $10,000 from your PIP insurance is exhausted. Additionally, Medicare will likely cover any medical bills that your general auto liability insurance missed.

Lets Examine what Medicare part A and B will cover for car accident medical bills:

  1. Inpatient Hospital Care
  2. Skilled Nursing Facility
  3. Hospice
  4. Lab Tests
  5. Surgery
  6. Home Health care
  7. Outpatient Care
  8. Preventive Services
  9. Ambulance Services
  10. Durable Medical Equipment

The important thing to remember about Medicare regarding car accidents is that it only kicks in once you fully exhaust your $10,000 in PIP coverage.

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