The elements of landlord negligence

Thinking about suing your landlord for negligence that caused an injury?

The first thing you must do is make sure you understand the elements of a negligence case.

Elements of Landlord Negligence

The first element is duty. A landlord has a certain duty that is owed to the tenants. The most basic duty is simply to ensure that they have a safe, habitable living space.

The next element is a breach of said duty. For example, if water damage in the ceiling weakened the plaster to the point that the ceiling fell down, the landlord could be said to have breached his or her duty by not providing a safe place to live. This isn't true in every case - if a pipe just broke, for instance, and the landlord was never informed - but it begins to matter when the landlord knew of the issue and did nothing to fix it.

After that comes causation. This means that the breach led to the issues you're experiencing. The breach of duty noted above may have simply been not checking the pipes or fixing a rotting ceiling. This could then cause the ceiling to fall, which could injure someone or damage items below that section of ceiling.

The last element to be considered is what damages are directly linked to the problem. This could include medical bills for those who were injured, for example, or the cost of replacing things that were ruined in the accident.

Landlord Negligence Attorney

If you think that your case checks all of those boxes, you may be able to seek compensation in Maryland. Be sure you know how these elements may be used in court and what evidence can help to back up your claims.