Property owners in South Carolina are generally responsible when guests sustain injuries on their premises due to their negligent maintenance and upkeep. Premises liability is the name for legal responsibility in such a situation. But what about when the person who owns the property has rented it out to another occupant? Is the landlord responsible under premises liability law for a tenant’s injury inside one of their leased properties?
Who Is Liable for Injuries on Rental Property in South Carolina: Landlord or Tenant?
Residential and commercial tenants can be responsible for injuries that occur inside the premises they are renting under certain circumstances. Premises liability applies to anyone who owns or has control over a property. When tenants sign a lease, they typically assume control of the property and take on the legal responsibility for regular maintenance and upkeep. By assuming these responsibilities, they could also incur liability for any injuries resulting from negligent security or upkeep.
However, landlords do not completely cede their responsibility to reduce risk to tenants or guests. Typically, landlords are responsible for larger structural repairs and upkeep, such as electrical or construction repairs, though the specific division of responsibilities should be spelled out in the relevant contract. Consequently, liability for a visitor’s injury may depend on the nature of the hazard that caused their injury and whether the landlord or the tenant had the requisite control over it.
When Tenants Can Be Held Responsible for Accidents Inside a Leased Property
As a general rule, tenants can be liable in a premises liability lawsuit for injuries when they negligently create a hazard, fail to fix a hazard promptly, or fail to post warnings about known hazards. For example, imagine the manager of a grocery store that leases its retail space does not fix a refrigerator unit that is leaking water onto the surrounding floor. If a shopper subsequently slips on the spill, the grocery store could be liable for the shopper’s injuries because they were responsible for the hazard and did nothing to fix it or post warnings.
How Lease Agreements Impact Injury Liability in South Carolina Premises Liability Cases
Lease agreements can be important for determining who is responsible in a premises liability case because they often outline the landlord’s and tenant’s respective maintenance responsibilities for a rental property. Lease agreements typically state which things the tenant must take care of and which things are the landlord’s responsibility to fix. If it is unclear which party was responsible for the hazard that caused injury, the landlord and tenant can refer to the lease agreement to see who is required to maintain what.
Landlord Liability for Injuries in Common Areas of Apartments and Commercial Spaces
Tenants frequently assume control of leased spaces, but landlords typically retain responsibility for common areas in apartments and commercial buildings, such as hallways, entrances, parking lots, and food courts. If you sustain an injury in a common area of an apartment or commercial space, you could pursue your premises liability claim against the landlord responsible for maintaining the area.
Let Our Premises Liability Attorney Help You Determine Who Is at Fault: Landlord or Tenant?
Premises liability claims can turn on highly specific questions regarding responsibility, so it is important to talk to an attorney about your rights and options. If you have questions about landlord and tenant liability for injuries, contact Jebaily Law Firm online or call today for a case consultation with a premises liability attorney in South Carolina. We are ready to discuss how we can help you seek compensation through a personal injury claim.
