Suffering injuries from an apartment fire can be tragic. In the event that it was your apartment that was destroyed, it’s highly likely that in addition to injuries, all of your worldly possessions have also been lost. When faced with such a terrible experience, you’re probably wondering what constitutes as landlord negligence and whether your landlord can be held responsible for the damages.
Damages You May be Entitled to
Personal injuries can have a damaging impact on a person’s livelihood and quality of life. Sometimes an injury can result in injuries that are life altering. Unfortunately, the result could mean that the injury:
- Impacted your ability to retain a job
- Left you permanently disabled
- Disfigurement from the fire
- You have ongoing medical treatments and expenses
- Suffer emotionally from the trauma of the accident
Damages are the losses you experienced from the accident you have fallen victim to. In most cases, damages come in the form of a monetary award or settlement. Damages are a way of putting value to the loss you experienced from an accident. The idea behind damages is to provide victims with compensation to help them feel whole again. Although financial compensation does not heal all wounds, it can certainly make life a bit more manageable. This is especially the case if you are left to contend with the aftermath of a personal injury for years to come. If you and your attorney are able to prove your landlord was responsible for the damages you may be entitled to compensation for:
- Medical Expenses (both past and future)
- Compensation for lost wages
- Compensation for future wages (if you can no longer work)
- Your personal property was damaged, may include:
- Vehicles
- Valuables
- Items inside your apartment
- Household Expenses
- Expense of retrofitting you home if disabled
Seeking compensation for your losses from an accident can help resolve a personal injury and allow you to move forward with your life. Although it may take some time for the emotional and physical wounds to heal, compensation for damages can help you begin to put your life back together following an accident.
Landlord’s Duty of Care
A landlord’s liability to their tenants can vary significantly depending on the state, and even the city in which you reside. In a number of situations, if a landlord is found to be at fault, they may be liable for damages.When it comes to damages surrounding a fire, if a landlord does not provide the following, they may find themselves facing a personal injury case:
- Fire Extinguishers
- Smoke Detectors
- Carbon Monoxide Detectors
- Making sure the building is up to local fire code
- Post an emergency exit plan
- Keep clear documentation
- Repair problems in a timely manner
To prove that the landlord was liable or responsible for the fire, you and your attorney will need to prove that their negligence resulted in the injuries you obtained. Your attorney will set out to prove that:
- The landlord had a duty to fix the problem or hazard
- The landlord breached their duty of care
- A tenant was injured due to the landlord’s failure to repair the hazard
- The accident would have been prevented had the landlord upheld their duty
- The injury was caused due to the condition the building or apartment was left in
Without the assistance of an attorney, a personal injury claim against your landlord can feel like a huge undertaking. For more information regarding tenant related personal injuries, contact a personal injury lawyer St. Paul, MN residents rely on. Together you can review the damages you incurred and strategize next steps.
Thank you to our friends and contributors at JOHNSTON | MARTINEAU, PLLP for their insight into personal injury.