Landlord tenant laws often landlords to purchase insurance for damages related to tenant injuries. These insurance policies are usually necessary if a property has multiple units. The policies arm landlords with attorneys that defend them in case of a personal injury claim that is brought against them by an injured tenant.
If you are one of these injured tenants in New Jersey, be prepared to go up against a powerful insurance company in making a premises liability claim against your landlord. These insurance firms are often cutthroat and will do whatever they can to try and prove that your landlord was not at fault for your injury — even if the landlord was.
How do you know if your landlord is responsible for your injury? There so many ways an injury can happen, but you might have a claim if your injury occurred 1) in a common area; 2) due to a hidden danger you wouldn’t have automatically noticed; or 3) due to unsafe conditions in a furnished short-term apartment.
What is important to establish in these cases is the negligence of the landlord, which directly caused the tenant or tenants’ injuries. For example, let’s say a landlord fails to fix a broken staircase and you fall off the stairs and break your leg. Here we have a situation where the landlord failed to take reasonable action — action that another reasonable person would have taken — in order to prevent the risk of you getting hurt. That said, if the step was found to be broken only an hour before you go hurt, the landlord may not have been unreasonable in his or her failure to fix it. Ultimately, it all depends on the facts and circumstances surrounding your injuries.
Were you hurt in a serious accident at your apartment building? A premises liability attorney might be able to help you pursue financial claims to recover the costs relating to your medical care.
Source: FindLaw, “Liability for Tenant Injuries and Insurance for Landlords,” accessed July 07, 2016