When you think about getting injured, you probably think about events like car accidents and sports mishaps. Actually, most accidents happen at home, where you probably feel safest. If you or a guest is injured in your apartment, in the lobby or other common area of your apartment building, or outdoors on the property, the property owner may be responsible. But that depends on the circumstances that led to the accident.
When is the Property Owner/Manager Responsible for Injuries?
The owner of a property isn’t necessarily liable for your injuries just because you got hurt on their land–even if it’s in a common area. Imagine, for example, that you’re walking across the lobby of your apartment building and you trip and fall, breaking a bone. If you tripped because the property owner was negligent in maintaining the property, they will usually be responsible for your injuries. Some possible examples include:
- Tripping on a rug that wasn’t properly fastened down
- Tripping on a broken tile or lifting linoleum
- Slipping because the management cleaned the floor and left it slippery and unmarked
- Tripping over a cord, tool or other item left in a walking area by a maintenance worker
- The light was burned out in the lobby, making it difficult to navigate safely
On the other hand, some falls happen for reasons that have nothing to do with the condition of the property and aren’t the property owner’s responsibility. For example, if you’re walking across the lobby when your high heel breaks and causes you to trip, that’s not likely to be the landlord’s responsibility–the exception might be if a condition on the property caused your shoe to break. Similarly, if you trip because you were looking down at your phone while walking, intoxicated, or otherwise negligent yourself, the injury will generally be considered to be at least in part your fault.
Shared Responsibiity for Slips, Trips and Falls
Sometimes, an accident has more than one cause. For example, if you’re looking down at your phone and trip on a broken floorboard, you and the property owner may share responsibility. In that case, South Carolina law allows you to recover partial damages, but only if you were no more than half to blame.
Other Types of Apartment Building Injuries
Slip and fall injuries are among the most common premises liability claims. But, there are many other ways a building owner may be responsible for injuries. For example:
- Injuries that occur in a fire due to faulty wiring, inadequate exits or other maintenance issues that caused the fire or impeded safe escape
- Other injuries caused by negligent maintenance, such as falling stone from a building, broken railings, or furniture in common areas that is not in safe condition
- Injuries by a third party due to negligent security
Of course, this list isn’t complete. Any time you have been injured on someone else’s property due to a condition on the premises, you should consider consulting a Charleston premises liability lawyer to find out whether you have a claim.
When are You at Fault for Injuries at Your Apartment?
The answer to this question depends in part on whether you or someone else was injured. If you are injured in your own apartment or on the grounds and it isn’t anyone else’s fault, you’re generally going to be stuck footing the bill. Carefully consider whether someone else might be responsible, though–that isn’t limited to the building owner or manager. For example, you may have tripped on debris left on a walkway by a neighbor or been injured by a defective pump in the complex swimming pool.
When someone else is injured in your apartment, there is a possibility that you may be legally responsible. Like the property owner, you are not automatically liable just because the accident happened in your apartment. But, if you didn’t live up to your responsibilities as a host, you may be found liable.
In South Carolina, social hosts don’t have an obligation to keep the property safe for guests, but they do have a duty to warn the visitor of any hazards that may not be obvious. So, for example, if you a loose stair or railing in your apartment or a slippery spot on the floor and don’t tell your guest, you may be responsible if they’re hurt. If the person is on the premises for another reason, such as bringing their child to you for paid babysitting, your responsibility may be even greater.
Renters’ Insurance Can Protect You and Your Guests
In South Carolina, renters’ insurance typically covers liability for injuries to guests on your property. Some policies also have no-fault medical coverage, meaning that if someone is injured at your apartment, you can submit their medical bills to your insurance carrier for payment without them having to prove that you were negligent.
Not all policies are the same, though. When you purchase renters’ insurance, make sure you know exactly what coverage your are getting and in what amounts. Also be aware that if you do have a business like an in-home daycare, you will likely need a separate policy.
Talk to a Charleston Slip and Fall Lawyer Today
If you’ve fallen or been injured in some other way at your apartment complex or on someone else’s property, the owner of that property or the person or entity in control of the property may be responsible. In most cases, insurance covers those damages, so you shouldn’t hesitate to learn more about your rights if you were injured at a friend’s or family member’s home–you may be entitled to compensation that won’t cost them a dime.
To learn more, call us today at 843-300-7600 or fill out our contact form.