If your landlord fails to repair hazards on the property, or otherwise allows an unsafe condition to persist, and you get injured due to those conditions, then yes, you may have grounds to sue your landlord.
Landlords must take reasonable steps to maintain safe conditions on the property, which may include addressing issues like broken locks or unsafe entry points when they create a foreseeable risk. If you got hurt, whether on your own rental property or when visiting someone on their property, talk to our Denver personal injury lawyer about your options to file a premises liability lawsuit.
When is a landlord legally responsible for a tenant’s injuries?
Under Colorado’s Premises Liability Act, residential rental property owners who fail to maintain safe common areas, repair known hazards, or warn of dangerous conditions can be held liable for injuries that occur due to their negligence.
A landlord may be held liable when their failure to maintain safe conditions causes injury, but liability depends on factors such as the injured person’s legal status on the property and whether the landlord acted reasonably under the circumstances.
Colorado law may treat tenants and visitors differently under premises liability rules, which can affect what must be proven in a claim.
What types of dangerous conditions can lead to a claim?
So many things can break or go wrong on a rental property, especially multi-family homes like apartment buildings, that it’s hard to develop an exhaustive list. However, most claims involve situations where the landlord knew or should have known about a hazard and failed to address it, such as:
- Failure to maintain common areas, leading to slip and fall accidents or elevator injuries
- Neglecting to fix known hazardous conditions, like a broken stair rail or a faulty lock
- Failing to disclose latent, dangerous conditions the landlord was aware of (like the presence of black mold)
- Poorly performing repairs in a manner that leads to injury
- Violation of safety and building codes that creates dangerous conditions
Do you have to prove your landlord knew about the unsafe condition?
Proving the landlord’s negligence means that you, the plaintiff, must prove that the landlord knew, or reasonably should have known, that the condition existed and failed to repair or address it within a reasonable amount of time. Your lawyer may use property inspection records (or lack thereof) to prove that the condition was present long enough to become a danger, or records of complaints about broken parts of the building, and proof (like photos) that the complaints weren’t addressed.
Once you establish this breach of duty of care, the landlord can be found liable for the harm you suffered and the financial losses you incurred as a result (like medical bills).
Can you sue your landlord for pain and suffering?
Pain and suffering is considered a form of non-economic damages. In Colorado, you can seek compensation for how your injuries have affected your quality of life. While pain, suffering, and trauma are not financial losses, they still have value. Colorado law allows recovery for these damages, although they may be subject to statutory limits depending on the case.
How long do you have to file a lawsuit against a landlord in Colorado?
In most cases, you have two years from the date of the injury to file a lawsuit against your landlord. Failing to file before the deadline can prevent you from pursuing your claim. Failure to file before the deadline expires means you essentially forfeit your right to sue.
What if the injury happened in a common area of the property?
Landlord negligence extends to the entire property under their control, including common areas such as a clubhouse or swimming pool, plus the building lobby, elevator, and outdoor walkways. Both residents and guests may file a claim for injuries sustained due to dangerous conditions in residential rental common areas.
Talk to a Denver personal injury lawyer about your landlord injury claim
Have you been hurt on a rental property and need to know your legal options? Call Zara Injury Law today at 866-823-8288 for a free consultation. An attorney can review your situation and help you understand whether you may have a valid claim.