Who is Responsible If You are Injured on a Rental Property In New Jersey?

Accidents can happen anywhere, including rental properties. The difference with these types of situations is that it can be complicated to determine who is liable for the accident and the damage it causes. Whether you’re renting a home, or staying temporarily in New Jersey, understanding your rights and knowing who is responsible when you get injured on a rental property is important. Everything depends on your specific case, which is why contacting a personal injury attorney after you’ve been catastrophically injured is so important. Your attorney can help analyze your case, determine who is at fault, and get you and your family the justice you deserve. 

If you are unfamiliar with tenant and landlord responsibility in New Jersey, this guide will help you begin to understand personal injury claims when rental properties are involved. 

What is a Landlord’s Responsibility for Ensuring Tenant and Visitor Safety?

In New Jersey, landlords have a legal obligation to maintain their properties in a safe and habitable condition. This duty extends to both tenants and visitors. What exactly are the responsibilities of a landlord? The reasonable actions they must take include: 

• Regular Maintenance: landlords must ensure that the property is well maintained and free from common hazards. Maintenance can include repairing structural issues, fixing leaks, cleaning, and eliminating hazard areas. This generally includes common areas, as residents are responsible for cleaning their private rooms. However, landlords must keep private areas of tenants in good repair as well. 
• Compliance with Safety Codes: landlords must comply with local building and safety codes, which includes ensuring proper electrical wiring, plumbing, and fire safety measures. 
• Prompt Repairs: as a tenant, if you report a problem, your landlord must address it promptly to prevent accidents, injuries, and further damage. 
• Security Measures: landlords must provide reasonable security measures such as functional locks on doors and windows. 

Can a Renter Ever Be Held Responsible for a Visitor’s Injuries?  

Tenants also have responsibilities for maintaining a safe premise, specifically in the spaces they rent from a landlord. A renter can be held responsible for injuries if their actions or negligence directly cause an injury. For example, if a tenant fails to clean up a spill and someone slips and falls, the tenant could be responsible. 

Tenants can also be held liable for injuries if they make unauthorized modifications to the space they rent, or if they use the property in a way that creates a hazard. As a tenant, you agree to use the space you rent as a living space, not for any commercial or other purpose. 

Another way a tenant can be held responsible is if it’s their personal property that causes the injury. This could include leaving a tripping hazard in a common area, not securing a heavy bookcase to the wall, etc. 

Can Anyone Else Be Held Responsible? 

This is highly dependent on the circumstances of the case. However, there are specific times where third parties can be held liable for injuries. In addition to landlords and tenants, other parties may be held responsible for injuries on a rental property, including: 

• Property Managers: if a property manager is employed to maintain the property and fails to do so, they can be held liable for their negligence. 
• Maintenance Contractors: contractors hired to perform repairs or maintenance can be held responsible if their work is substandard and leads to an injury.  
• Previous Owners: in very specific cases, previous owners may be liable if they failed to disclose known hazards when selling the property. 

What Types of Injuries Can Occur at a Rental Property?

If you’ve sustained any of these types of injuries on a rental property in New Jersey, you could have a personal injury case: 

• Slip and Fall Accidents: caused by wet floors, icy sidewalks, or uneven surfaces. 
• Structural Injuries: caused by collapsing ceilings, broken stairs, or defective railings. 
• Fire-Related Injuries: caused by faulty wiring or lack of smoke detectors that lead to fires. 
• Common Health Hazards: caused by exposure to mold, lead paint, or other hazardous materials that lead to long-term health issues. 

Has Your Landlord Been Negligent?

Every landlord has a duty to take reasonable steps to maintain a safe environment. If your landlord has breached this duty, causing injury to you or someone you know, you can prove their negligence with many combinations of the following types of evidence: 

• Photographic Evidence: make sure to document the hazardous condition that caused your injury. 
• Maintenance Records: if possible, obtain records showing that the landlord was aware of the issue but failed to address it. Lack of maintenance records can also be evidence of mismanagement. 
• Witness Statements: witnesses who can attest to the hazardous condition and the landlord’s knowledge of it can be useful in your case. 
• Medical Records: your injuries should be verified by medical professionals and documented to show the extent and cause of harm. 
• Expert Testimony: the right attorney will use experts to testify about building codes, safety standards, and the landlord’s failure to meet these standards. 

Injured on a Rental Property in New Jersey? Our Attorneys Can Help

Being injured on a rental property can be a difficult situation, and our premises liability attorneys can help you understand your rights and determine who is responsible. Remember that landlords in New Jersey have a legal duty to maintain their properties safely, but tenants and other parties can also bear responsibility under certain circumstances. We’ll analyze the circumstances of your case to help you get the justice you deserve. If you or a loved one has been injured on a rental property, get in touch with our attorneys at Eichen Crutchlow Zaslow for a free case consultation today.