As a tenant, the responsibility for the safety and security of your rented apartment or house lies on your landlord. In Wisconsin, it is a landlord’s legal obligation to provide a living space that is free from hazardous or dangerous conditions that could cause harm to their tenants.
However, accidents can happen, and if you sustain injuries due to the negligence of your landlord, you may have the option to sue them. Let’s take a closer look to understand the legal specifics of suing a landlord for injuries sustained on their property in Wisconsin.
Table of Contents
Landlord’s Duty in Wisconsin
When a landlord rents out their property to a tenant, they assume a duty of care. This means that they have a responsibility to ensure that the living conditions of the property are safe and free of any hazards that could hurt the tenant. In Wisconsin, the law requires that landlords maintain the property in a safe and habitable condition and adhere to all building codes.
As a tenant, you are required to report any dangerous conditions or potential hazards that you come across on the property to the landlord. It is the landlord’s responsibility to repair and remedy such conditions within a reasonable time.
When Can You Sue a Landlord for Injuries?
When a landlord is negligent and fails to provide a safe living condition for their tenants, they can be held legally responsible for any injuries that occur as a result. As a tenant, you must prove that your injuries occurred due to the landlord’s negligence. For instance, if you fall down the stairs in your rented apartment and become injured, you will need to prove that the stairs were hazardous, and the landlord failed to repair them despite knowing about the danger.
If the landlord is found to have violated their duty of care, you, as the tenant, can sue them for injuries sustained on their property. However, a successful personal injury lawsuit depends on several factors such as the degree of negligence, the severity of your injuries and whether or not you have a solid case to present in court.
Steps to Take If Injured on a Landlord’s Property
If you sustain injuries while on a landlord’s property in Wisconsin, your health and recovery should always come first. Seeking medical attention should be your top priority. After receiving medical care, there are several steps to follow if you decide to pursue legal action against your landlord.
Report the Incident: You should report the accident or incident to your landlord immediately so that they can address the issue and make any necessary repairs.
Document the Evidence: Take pictures or videos of the scene to document the conditions that led to your injury. Gather witness statements, write down the time, date, and location of the incident, and record any other information that you think might be helpful in your case.
Contact an Attorney: Seek legal counsel from an experienced personal injury attorney who understands Wisconsin’s laws. An attorney will assist you in preparing your case and guide you through the legal process.
Submit a demand letter to the landlord: Your attorney will draft a demand letter that outlines the damages you are seeking. This will be sent to the landlord, and they will have a certain amount of time to respond.
File a lawsuit: If the landlord fails to respond satisfactorily, you can then take the case to court.
Conclusion
Landlords in Wisconsin are legally obligated to maintain their properties in a safe and habitable condition for their tenants. If you get injured on their property due to their negligence, you may have the right to sue. However, it is essential to gather evidence and follow the legal steps diligently. Always consult with an experienced personal injury attorney who will help protect your rights and build a strong case for compensation.