When Is a Landlord Liable for Injuries in Rental Properties?

When Is a Landlord Liable for Injuries on a Rental Property in South Carolina?

In South Carolina, a landlord can be held liable for personal injuries sustained in a rental property under specific conditions. Liability generally hinges on negligence – that is, whether the landlord failed to fulfill a legal duty, and that failure caused the injury. Below are some more common circumstances in which a landlord may be liable. 

Understanding Landlord Liability for Tenant Injuries

1. Failure to Maintain Common Areas: Landlords have a duty to maintain common areas in a reasonably safe condition. Some examples of common areas are hallways, staircases, and parking lots. If someone is injured due to a hazard the landlord knew or should have known about, the landlord can be held liable. 

2. Hidden or Latent Defects: If a landlord knows of a hidden defect and fails to disclose or repair it, and a tenant or guest is injured as a result, the landlord can be held responsible. This also includes defects the landlord should have discovered through a reasonable inspection. 

3. Violation of Building Codes or Safety Laws: If an injury was caused by a condition that violates a building or housing code, and that condition contributed to the injury, the landlord may be liable. For example, a person injured themselves on an illegal stairway without a required handrail.

4. Negligent Repairs: If the landlord attempts a repair and does so negligently,  and that repair causes injury, the landlord may be liable. Even if the landlord wasn’t required to make the repair, once they undertake it, they must do it competently. 

5. Retained Control Over the Premises: If the landlord retains control over a part of the property (even inside the unit) and an injury occurs due to a hazardous condition in that area, they may be liable. For example, the landlord rents out an apartment but retains exclusive control over the water heater, which is housed in a locked utility closet inside the tenant’s unit.  Only the landlord has a key to this closet, and tenants are not allowed to access or service it. Over time, the water heater malfunctions due to poor maintenance, and there is a leak that causes severe property damage or hot water burns to a tenant, the landlord may be held liable.  

6. Duty to Warn of Known Dangers: If the landlord knows of a dangerous condition on the property and fails to warn the tenant or guest, they could be liable if the condition causes harm. 

Injured on a Rental Property? Contact Pracht Injury Lawyers Today

Should you ever face circumstances like these, reach out to Pracht Injury Lawyers,  LLP. Our team is ready to stand by you and fight for the justice you deserve.