If you live in a rented apartment, you likely have an excellent landlord who takes good care of the premises. You may even have a landlord who is so nice that you actually consider them a friend. This does not mean that your landlord cannot make mistakes or commit errors in judgment. Even the best landlords make mistakes from time to time and sometimes those mistakes result in serious injuries for their tenants. If your landlord’s negligence results in serious personal injuries, you may be able to sue them for compensation for your pain and suffering, medical expenses, lost wages, and other costs associated with your injury. This article will explain if you can sue your landlord for pain and suffering after they negligently injure you as their tenant.
Can I Sue My Landlord For Pain And Suffering?
The answer to this question really depends on the facts of your specific case. However, generally speaking, you may be able to sue your landlord if you are injured due to their negligence or improper maintenance of the property. Regardless of the type of property you are renting, your landlord is required to ensure that the property is safe and free from hazards.
When You Can Sue Your Landlord For Pain And Suffering?
1. When You Live in a Rented Apartment
If you live in a rented apartment, you are entitled to certain protections under the law. In particular, your landlord is required to keep the premises in a safe condition. If your landlord fails to maintain the property in a safe condition, they may be liable for any injuries you sustain as a result of their negligence.
2. When You Live at Home
If you live at home and your landlord negligently injures you while they are maintaining the property or making repairs, this may also be grounds for legal action against your landlord if it results in serious injury or death.
3. When You Are Not Living In Your Home
If your landlord negligently injures you while performing maintenance on their own property, this may also be grounds for legal action against them if it results in serious injury or death.
4. When You Are a Tenant of a Hotel or an Apartment Building
If you are a tenant in an apartment building and you are injured due to the negligence of your landlord, you may be able to sue them for your pain and suffering and other damages. In fact, if you live in an apartment building and are injured as a result of the negligence of your landlord, it is likely that other tenants in the same building will also be able to sue their landlord for pain and suffering.
5. When You Are Not a Tenant in Any Apartment Building
If your injury occurred on property which is not owned by or rented by anyone else but was negligently maintained by your landlord, then you may have grounds for legal action against them if they negligently injure you as their tenant.
6. When Your Landlord’s Negligence Results in Serious Personal Injury or Death
If your injury results in serious personal injury or death, then this may be grounds for legal action against your landlord.
7. When You Are the Victim of a Crime
If you are the victim of a crime, you may have grounds to sue your landlord if they negligently allow this crime to occur on their property.
8. When You Have Been Harmed by an Existing Hazard in Your Property
If you live in an apartment building and the property was not maintained properly, then you may have grounds for legal action against your landlord if this results in serious injury or death from a known hazard.
How To Sue Your Landlord For Negligence-Based Damages
1. Contact a Lawyer
It is important to contact a lawyer as soon as possible. If you are not represented by a lawyer, then you may be able to sue your landlord on your own, but there will be many more steps involved and it is best to hire an attorney.
2. File a Lawsuit
Your lawsuit against your landlord will have to be filed in court. You can do this yourself or hire a lawyer to file the suit for you if you do not have the money or are too scared of going through the legal process yourself.
3. Serve Your Landlord (Court-Ordered)
After your lawsuit is filed, you will need to serve your landlord with the summons and complaint (the document that lists the claims against them) that was filed with the court. Your summons and complaint should list each of the claims against them in detail, including all of the facts that support each claim. You must also provide any evidence that supports each claim, such as copies of medical bills or police reports.
4. Find a Lawyer to Represent You
You will need to hire a lawyer to represent you in court. This lawyer should be experienced in landlord-tenant law and know how to handle cases like this one.
5. File Your Lawsuit and Serve the Counterclaims Against Your Landlord
After the summons and complaint are served on your landlord, they will have 10 days to file their answer with the court (the document that states their defense). If they do not file an answer, then they will be deemed in default and you can move forward with your lawsuit on your own behalf without having to hire another lawyer or go through the motions of filing an answer yourself.
6. Answer Your Landlord’s Counterclaims (If You Filed Them Yourself)
If you filed your own suit, then after waiting for 10 days for them to respond (or answering yourself if you did not file your own suit), you can file an answer with the court and serve it on your landlord. This will tell the court how you plan to proceed in your own case against them.
7. Serve the Counterclaims Against You (If You Filed Them Yourself)
After the answer is filed, you can then serve it to your landlord and file a response to their counterclaims. Your response should include all of the information from your answer on the claims against them, but also include any additional evidence that supports those claims.
8. Serve Your Landlord with Their Answer and Counterclaims (If They Filed Themselves)
After service has been completed, you will need to wait for your landlord’s answer and counterclaims to be ready for service. The original 10 days will begin from when you served your own response on them and they will have 10 days after they receive your answer and counterclaims to file an answer of their own with the court (the document that states their defense). If they do not file an answer after this time period, then you can move forward with your case against them without having to hire another lawyer or go through the motions of filing an answer yourself.
9. Take Your Landlord to Court
Finally, you will need to file a summons and complaint with the court and serve it on your landlord. This will tell the court how you plan to proceed in your own case against them.
10. Serve Your Landlord with Their Answer (If They Filed Themselves)
After service has been completed, they will have 10 days to file an answer with the court (the document that states their defense). If they do not file an answer after this time period, then they will be deemed in default and you can move forward with your case against them without having to hire another lawyer or go through the motions of filing an answer yourself.
Conclusion
If your landlord’s negligence results in an injury to you, you may be able to sue them for pain and suffering damages. You must be able to prove that your landlord was negligent, that their negligence caused you to be injured, and that you incurred quantifiable damages as a result of their negligence. You must file your lawsuit within the applicable statute of limitations in your jurisdiction. It is important to remember that while suing your landlord may be necessary in some cases, it is not a wise decision to make lightly because it can seriously disrupt your landlord-tenant relationship.
