Every time we’re contacted by someone who was injured in a fall at an apartment or condo, we’re asked “the landlord is responsible for injuries on their property, right?”
In most New Orleans premises liability lawsuits, who is responsible for the maintenance and upkeep of the property is simple: it is the owner. But that is not the case every single time. Here’s what we mean.
If the owner was aware of a dangerous condition on the property and did not fix it, the owner will be liable for any injury caused by that dangerous condition. When it comes to leased property, however, this analysis can become a little more complicated.
Generally, under Louisiana law, the Landlord is responsible for injuries on their property – in other words, the owner carries the same responsibility to remedy a dangerous condition on leased property as he or she would have on property not being leased.
While this is the general rule, there are situations where the owner may shift responsibility for the condition of the property – and the liability for a dangerous condition on the property – to the person renting or leasing.
This may occur, for example, when a person renting a house signs a contract in which he assumes responsibility for maintaining the yard.
Even if such a contract exists, there are exceptions under which the landlord may still be held liable. Perhaps the most common of these exceptions would be defects that the landlord knew about – or would be expected to know about – and of which the lessee was not made aware.
Other exceptions may include defects that by their nature seriously affect health or safety, and dangerous about which the landlord was specifically informed, but no effort was made to remedy the problem within a reasonable time.
If you have been injured due to a dangerous condition on rented property, it is important to have an experienced personal injury attorney who can help you determine who is responsible. Please feel free to call us at (504) 581-6411. We would be happy to help you.
