You signed a lease expecting a safe place to live. Instead, that broken staircase your landlord never fixed caused you to fall. Or maybe faulty wiring led to an electrical shock. Perhaps a collapsing porch railing left you with serious injuries.
Now you’re dealing with medical bills, missed work, and pain that won’t go away. The question on your mind: Can your landlord be held responsible?
The short answer is yes, but only under certain circumstances. Missouri law doesn’t automatically make landlords liable for every injury that happens on their property. Understanding when a landlord can be held accountable is crucial to protecting your rights.
Understanding Landlord Liability in Missouri
Missouri follows what’s known as premises liability law when it comes to injuries on rental properties. This area of law determines when property owners and landlords can be held responsible for injuries that occur on their property.
Here’s the general rule: a landlord in Missouri does not automatically owe a duty to their tenants for injuries caused by dangerous conditions on the premises. The reasoning behind this rule is that once a tenant leases a property, they take exclusive possession and control of that space. This means the tenant becomes primarily responsible for maintaining their own living area.
However, this general rule has significant exceptions. There are several situations where a landlord absolutely can be held liable for your injuries.
When Can You Hold Your Landlord Responsible?
Hidden Dangers the Landlord Knew About
If your landlord knew about a dangerous condition that you couldn’t reasonably discover on your own, and they failed to warn you about it, they may be liable for any resulting injuries. This exception applies when the hazard is hidden or not obvious to a typical tenant.
For example, if your landlord knew the wiring in the walls was faulty but never disclosed this to you, and you suffered an electrical injury as a result, they could be held accountable.
Injuries in Common Areas
Landlords typically maintain liability for injuries that occur in common areas of rental properties. Common areas are spaces shared by multiple tenants or open to the public, rather than being under the exclusive control of one tenant.
Common areas include lobbies, hallways, stairways, laundry rooms, parking lots, shared outdoor spaces, and building entrances. Because the landlord is usually the only party responsible for maintaining, repairing, and keeping these common areas safe, they face greater accountability for injuries that happen in these locations.
It’s worth noting that a front porch or stoop that serves only one tenant’s unit may not qualify as a common area. The distinction matters because it can determine whether the landlord owes you a duty of care.
Negligent Repairs
When a landlord agrees to make repairs but does so in a careless manner that creates new hazards, they can be held liable for resulting injuries. This applies whether the repair was promised in the lease, requested by the tenant, or required by local housing codes.
If your landlord sent someone to fix a loose handrail but the repair was done improperly, and you fell as a result, the landlord may be responsible for your injuries.
What You Need to Prove in a Landlord Liability Case
To successfully hold a landlord liable for your injuries, you generally need to establish several key elements.
First, the landlord must have been responsible for maintaining the area where your injury occurred. This is more straightforward for common areas but can be more complicated for spaces inside your unit.
Second, you must show the landlord failed to take reasonable steps to prevent the accident. This could mean ignoring repair requests, neglecting regular maintenance, or failing to address known hazards.
Third, fixing the problem should not have been unreasonably expensive or difficult. If a simple repair could have prevented your injury, this weighs in your favor.
Fourth, the injury must have been a foreseeable consequence of not addressing the problem. A reasonable person should have been able to predict that failing to fix the hazard could lead to someone getting hurt.
Finally, you must demonstrate that the landlord’s negligence directly caused your accident and that you suffered real injuries as a result.
Common Types of Landlord Negligence Cases
Slip and fall accidents are among the most common premises liability claims against landlords. These often involve wet floors without warning signs, icy sidewalks that weren’t cleared, broken or uneven steps, loose or missing handrails, poor lighting in stairwells or hallways, and damaged flooring or carpeting.
Other situations that frequently lead to landlord liability claims include inadequate security that results in criminal attacks, dog bites from pets the landlord knew were dangerous, structural failures like collapsing decks or railings, exposure to toxic substances such as mold or lead paint, fires caused by faulty electrical systems or heating equipment, and injuries from defective appliances provided by the landlord.
In the most severe cases, landlord negligence can lead to catastrophic injuries such as traumatic brain injuries or spinal cord damage. When a loved one dies due to a landlord’s negligence, families may have grounds for a wrongful death claim.
Steps to Take After Being Injured at Your Rental Property
If you’ve been injured on your rental property and believe your landlord may be responsible, taking the right steps early can make a significant difference in your ability to recover compensation.
Seek medical attention immediately, even if your injuries seem minor at first. Some injuries don’t show their full severity right away, and having medical documentation from the start creates an important record.
Document everything you can about the hazard that caused your injury. Take photos and videos of the dangerous condition before it gets repaired. Note the date, time, and exact location of your accident. If anyone witnessed what happened, get their contact information.
Report the incident to your landlord in writing. Email or certified mail creates a paper trail that shows when you notified them. Keep copies of all correspondence.
Gather any evidence that the landlord knew about the problem before your injury. This might include previous repair requests you submitted, complaints from other tenants, or records of building code violations.
Save all documentation related to your injuries, including medical bills, records of missed work, and notes about how the injury has affected your daily life.
What Compensation Can You Recover?
If you can prove your landlord was negligent and their negligence caused your injury, you may be entitled to recover several types of damages. These typically include medical expenses for treatment you’ve received and future care you’ll need, lost wages from time missed at work, pain and suffering you’ve experienced, permanent disability or disfigurement, emotional distress, and damage to your personal property.
Missouri’s statute of limitations gives you five years from the date of your injury to file a personal injury lawsuit against a negligent landlord. While this may seem like plenty of time, evidence can disappear, witnesses’ memories fade, and building conditions change. The sooner you take action, the stronger your case is likely to be.
How Insurance Factors Into Landlord Liability Claims
Most landlords carry liability insurance that covers injury claims on their properties. When you notify your landlord that you’ve been injured, they should contact their insurance company.
However, dealing with insurance companies can be challenging. Insurers are businesses looking to minimize payouts, and they may try various tactics to reduce or deny your claim. They might argue the hazard was obvious and you should have avoided it, claim you were responsible for causing your own injury, dispute the severity of your injuries or the amount of treatment you need, or pressure you to accept a quick settlement for less than you deserve.
Having an experienced personal injury attorney on your side can help level the playing field when dealing with insurance companies.
Frequently Asked Questions About Landlord Liability
Can I sue my landlord if I slipped and fell inside my apartment?
It depends on what caused your fall. If you tripped over your own belongings, your landlord likely isn’t responsible. However, if you fell due to a defective condition that existed when you moved in and that the landlord concealed from you, or if the landlord made negligent repairs that created the hazard, you may have a claim.
My landlord said they’re not responsible because I signed a lease with an “as is” clause. Is that true?
While leases often contain language stating the tenant accepts the property “as is,” this typically doesn’t eliminate all landlord responsibilities. Landlords in Missouri still have obligations under the implied warranty of habitability, which requires rental properties to meet basic safety and living standards. An “as is” clause also doesn’t protect a landlord who concealed known defects.
I reported the dangerous condition to my landlord before I got hurt. Does that help my case?
Yes, significantly. Documented repair requests show the landlord had actual knowledge of the hazard and chose not to fix it. Keep copies of all written communications, and if you made verbal complaints, note when they occurred and who you spoke with.
How long does a landlord have to make repairs after I report a problem?
Missouri law requires landlords to address issues in a timely manner, but there’s no specific number of days defined for all situations. What’s considered “reasonable” depends on the severity of the hazard. A gas leak or missing stair tread would require immediate attention, while minor issues might allow more time.
Can I still recover compensation if I was partially at fault for my injury?
Missouri follows a pure comparative fault rule. This means you can still recover damages even if you were partially responsible for your injury, but your compensation will be reduced by your percentage of fault. For example, if you were found 20% at fault and your damages totaled $100,000, you could recover $80,000.
What if my landlord doesn’t have insurance?
You can still file a lawsuit against an uninsured landlord. If you win, you would seek to collect the judgment directly from the landlord. An attorney can help you assess whether pursuing a claim against an uninsured landlord is worthwhile based on their assets and ability to pay.
Can I sue my landlord for injuries caused by another tenant’s actions?
Generally, landlords aren’t responsible for the criminal acts of other tenants. However, if the landlord knew a tenant posed a danger to others and did nothing about it, or if inadequate security measures contributed to the incident, there may be grounds for a claim.
Protect Your Rights After a Rental Property Injury
When you’re injured because your landlord failed to maintain safe living conditions, you shouldn’t have to shoulder the financial burden alone. Medical bills, lost income, and ongoing pain can quickly overwhelm you and your family.
The personal injury attorneys at Tolbert Beadle understand the challenges you’re facing. With over 50 years of combined experience and more than 20,000 cases favorably resolved, Terry Tolbert and William Beadle know what it takes to hold negligent landlords accountable.
You don’t pay anything unless we win your case. Contact Tolbert Beadle today for a free consultation to discuss your options. We serve clients throughout Springfield, Jefferson City, and Columbia, Missouri.
Call 1-800-887-4030 to speak with an attorney who will fight for the compensation you deserve.