Slip and fall accidents are unfortunately common occurrences in apartment complexes. Tenants rely on property managers and landlords to provide safe living conditions, including keeping walkways, stairs, and other common areas hazard-free. When landlords fail to meet this duty of care and tenants are injured as a result, they may have a premises liability claim against the property owner. This article will examine Alabama landlord liability laws regarding slip and falls in apartment complexes and provide guidance for tenants injured on rental property.
Duty of Care Owed by Landlords in Alabama
Under Alabama law, landlords have a duty to keep common areas of rental properties, such as sidewalks, lobbies, hallways, and parking lots, reasonably safe for tenants and guests. This includes taking proper measures to discover slip and trip hazards and address them promptly. Landlords must regularly inspect their properties and make repairs when needed to minimize risks.
Specifically, landlords must:
- Keep exterior walkways and stairs clear of debris, ice, snow, and other slip hazards
- Fix loose or uneven surfaces like broken concrete or warped wooden stairs
- Address spills, leaks, and other wet areas quickly to prevent slipping
- Make sure there is adequate lighting in all walkways and entrances
- Install secure handrails on all stairs and stairwells
- Provide functional locks, guardrails, gates, and fences as safety measures
If a landlord fails to properly maintain their Alabama rental property and a tenant is injured in a slip and fall as a result, the landlord may face liability for negligence.
Proving Landlord Negligence for Slip and Falls
To successfully hold a landlord responsible for injuries caused by a slip and fall, the tenant must be able to prove:
- The landlord owed them a duty of care
- The landlord breached this duty through negligence
- The breach directly caused the tenant’s injuries
- The injuries resulted in recoverable damages
The four elements must be established through evidence. Some examples of evidence in slip and fall claims against landlords may include:
- Photographs of the hazardous condition that caused the fall
- Tenant repair requests regarding the hazard that went ignored
- Eyewitness statements about the fall and the unsafe condition
- Security camera footage capturing the incident
- Past slip and fall incident reports documenting a recurring issue
- Records of a lack of inspection, maintenance and repair by the landlord
- Expert testimony from engineers, contractors, etc. on standard safety procedures for landlords that were not followed
In Alabama, if the slip and fall happens in a common area that multiple tenants access, just basic evidence of an unsafe condition the landlord should have remedied can be enough to prove negligence. However, if the incident occurs inside the tenant’s unit, they will need stronger evidence to overcome the landlord’s limited liability for their own rented space.
Special Liability Considerations for Poor Lighting and Snow/Ice Removal
Two common causes of slip and falls in apartment complexes are poor lighting conditions and failure to remove ice/snow. Both represent maintenance issues under the landlord’s control.
Alabama law states that landlords must provide adequate lighting in common areas like parking lots, walkways, lobbies, stairwells, and hallways that tenants use at night. If a tenant slips in a poorly lit area, this may constitute negligence by the landlord. Evidence like light meter readings can help demonstrate dangerous low lighting levels that deviate from safety standards.
For snow and ice, Alabama landlords are generally responsible for clearing walkways, stairs, sidewalks, and parking lots on their rental properties. If accumulation is foreseeable, not addressing it promptly can make the landlord liable if a tenant falls. Exceptions may apply in cases of unusually severe storms where it is not reasonable to expect complete snow/ice removal. But tenants should report hazards and give landlords sufficient time after storms to clear common areas.
In most cases, landlords who do not act with reasonable care to keep rental properties safe from routine slip risks like poor lighting, debris, uneven surfaces, leaks/spills, snow, and ice can be sued for negligence if a tenant is injured in Alabama.
Statute of Limitations for Alabama Slip and Fall Claims
If you have been injured in a slip and fall accident due to a dangerous condition in your Alabama apartment complex, it is important to act fast in seeking compensation. Alabama law has a two-year statute of limitations on premises liability and personal injury claims. This means you have two years from the date of your slip and fall injury to file a lawsuit against the potentially liable parties like the landlord or property management company.
Any delay could cause you to lose your right to recover damages, so contacting an experienced Alabama slip and fall lawyer immediately after an incident is key. An attorney can handle the claims process for you, thoroughly investigate your accident, preserve evidence, calculate potential losses, and file a case on your behalf if a fair settlement cannot be negotiated out of court. This will ensure your rights are protected.
Damages Tenants May Recover
Tenants who are injured on rental property due to negligent maintenance may be able to recover multiple types of damages through a slip and fall injury lawsuit, such as:
- Medical costs like hospital bills, surgery, physical therapy, prescriptions, assistive devices, and more
- Lost income due to missing work during recovery
- Reduced future earning capacity
- Pain and suffering damages
- Permanent disability or disfigurement
- Emotional distress
- Loss of enjoyment/quality of life
To maximize compensation in your case, be sure to keep detailed records related to accident costs, injuries, and impact on your daily life. An experienced Alabama premises liability attorney can help you understand and prove all applicable damages.
Contact a Personal Injury Lawyer Today
Slip and fall accidents in apartment complexes can lead to serious injuries with costly consequences. As a tenant, you have a right to expect well-maintained, hazard-free living conditions on rental property.
With 32 offices across 19 states, including Alabama, Florida, and Iowa, our experienced personal injury lawyers are here to help if you have suffered a slip and fall injury due to unsafe premises.
Contact us today on (888) 477-0597 for a free consultation on your case – we can help you pursue maximum compensation for your injuries and damages.