Melinda McBeth is a litigator at Offit Kurman who has spent eight years representing landlords and property management companies in matters that relate to residential and commercial real property, including lease construction, fair housing disputes, administrative agency complaints, breach of contract defense and civil litigation. She’s a certified legal professional for security awareness, and a frequent contributor to the Landlord Legal Lowdown.
Premises liability is an area of the law that addresses when and to what extent a property owner is responsible for injuries that occur on their property. Slip-and-fall accidents are among the most common premises liability claims in the United States.
When they occur on rental properties, the question often arises: Is the landlord responsible? The answer depends on a combination of state law, lease agreements, and the specific circumstances of the accident.
This article breaks down the fundamentals of landlord liability for slip-and-fall incidents, the factors courts typically consider, and best practices for minimizing risk.
General Principles of Premises Liability for Landlords
Landlords, like all property owners, have a legal duty to maintain their premises in a reasonably safe condition. The scope of that duty generally depends on:
Control over the property – Landlords are usually responsible for common areas (lobbies, stairwells, sidewalks, parking lots) but not inside a resident’s leased unit, unless a defect existed before move-in or the landlord retains responsibility under the lease.
Foreseeability of harm – If a hazard is obvious or long-standing enough that the landlord should have known about it, courts are more likely to impose liability.
Notice of the danger – Liability usually arises when the landlord knew or should have known of the dangerous condition but failed to fix it or warn residents.
Common Slip-and-Fall Hazards in Rental Properties
Snow and ice accumulation on walkways, parking lots, or stairs.
Wet floors from leaks, mopping, or spills in common areas.
Broken or uneven flooring such as cracked tiles, loose carpeting, or potholes.
Inadequate lighting in stairwells, hallways, or exterior walkways.
Neglected stair rails or guardrails that give way under use.
Landlord vs. Resident Responsibility in Slip-and-Fall Cases
A key question is whether the dangerous condition existed in a space under the landlord’s control or inside the resident’s private unit.
Resident’s space – Generally, residents are responsible for maintaining their leased areas. If a resident leaves clutter in their apartment and a guest trips, the resident (not the landlord) may be liable.
Common areas – Landlords typically remain responsible for shared spaces. A resident or guest who slips on icy steps leading into the building may have a valid claim against the landlord.
Repairs and retained rights – If the lease specifies that the landlord will maintain certain features (e.g., plumbing, HVAC, or structural components), liability may extend inside the unit.
State Laws on Slip-and-Fall Liability for Landlords
While the underlying principles are similar, states apply them differently:
Strict snow removal laws – In states like Massachusetts, landlords are required to promptly remove snow and ice, with liability attaching quickly if they fail.
Reasonable care standard – Many states, including California and Texas, apply a “reasonable care” rule, evaluating whether the landlord acted as a prudent property owner would under the circumstances.
Notice requirements – States such as Florida often require proof that the landlord had actual or constructive notice of the hazard before liability attaches.
Common Defenses Landlords May Use in Slip-and-Fall Lawsuits
Landlords are not automatically liable for every fall on their property. Common defenses include:
Open and obvious danger – If a hazard was clearly visible, the injured party may bear responsibility.
Comparative negligence – In many states, if the injured person was partially at fault (e.g., running, distracted by a phone), their damages may be reduced.
Contributory negligence – Alabama, Maryland, North Carolina, Virginia, and Washington D.C. still follow the strict rule that if the injured party’s actions contributed to the incident in any way, they are barred from recovery—even if the landlord is 99% at fault.
Lack of notice – If the landlord had no reasonable way of knowing about the hazard, they may avoid liability.
Preventive Measures for Landlords to Reduce Liability
To reduce the risk of slip-and-fall claims, landlords should:
Conduct regular property inspections and document maintenance.
Promptly repair flooring, stairways, and railings.
Establish a snow and ice removal plan, especially in northern climates.
Install adequate lighting in all common areas.
Train staff to address spills or hazards immediately.
Communicate with residents about safety expectations and reporting hazards.
Maintain meticulous records of hazard reports, repairs, snow removal, and inspections.
Tools like video surveillance can help you determine whether the property is liable for a slip and fall. Be sure that surveillance includes cloud storage so you can retrieve and preserve all related footage.
Conclusion: Protecting Residents and Limiting Liability
Slip-and-fall liability is one of the most common legal risks for landlords. While laws vary by state, the key themes are consistent: landlords must maintain safe premises, particularly in common areas, and respond promptly to hazards.
By staying proactive with inspections, repairs, and resident communication, landlords can both protect their communities and reduce exposure to costly lawsuits.
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