Can I sue my Kansas City landlord for a personal injury?
Yes, Missouri law allows tenants to sue their landlords if they are injured due to the landlord’s negligence. If your landlord fails to maintain a safe living environment and you suffer injuries as a result, you can demand compensation.
Keep reading for more from our Kansas City personal injury lawyer.
When is a landlord legally responsible?
To successfully sue your landlord, you must establish their negligence by proving all four elements:
- The landlord had a legal duty to address a dangerous condition
- They failed to do so within a reasonable timeframe
- A reasonable person would recognize the injury risk
- Their failure directly caused your injuries and damages
Examples of landlord liability
You fall down a flight of stairs because of a loose railing and wobbly steps that the landlord knew about but failed to repair.
A criminal gains access to a rental property through a broken security door. The landlord may be held liable for any harm committed by the trespasser.
Landlord responsibilities under Missouri law
Missouri landlords are legally required to maintain their rental properties in a safe and livable condition. This includes compliance with state and local building codes and providing the basic amenities for human habitation. Missouri rental property owners must:
- Ensure working plumbing, heating, and electrical systems
- Keep structural elements (roof, walls, stairs) in good repair
- Address mold, pest infestations, and unsanitary conditions
- Make timely repairs when notified of problems
- Follow all local building and health codes
Failure to properly maintain the property may give the tenant the right to refuse to pay rent and may be grounds for the tenant to break their lease. Additionally, if the tenant is injured, per Missouri personal injury law, they can sue the landlord for damages.
Security measures
Beyond physical maintenance, landlords must provide reasonable security:
- Securing gated entryways
- Ensuring windows are intact
- Maintaining security systems and fire alarms
If inadequate security leads to criminal access and tenant harm, the landlord may be liable.
When is a landlord not liable?
Not every injury on a rental property is the landlord’s fault. Your landlord may not be liable if:
- Your injuries resulted from your own negligence (e.g., falling while rushing in stilettos)
- The landlord wasn’t aware of a hazard and couldn’t reasonably have known about it
- The landlord didn’t have sufficient opportunity to discover and fix the problem
Let’s say you fell on the stairs because you were wearing stilettos and going down in a hurry. In this case, the landlord wouldn’t be liable for your injuries. Or perhaps the stair railing broke five minutes before you went down the stairs. The landlord’s liability in this case would be tenuous, as they didn’t have sufficient opportunity to learn of the damage and fix it.
Taking legal action against negligent landlords
A safe, habitable property doesn’t just mean the physical space is free from defects. It also includes reasonable security measures to protect tenants from malicious persons who would do them harm. Landlords must make sure that any gated entryway is secure, windows are intact, and security alarm systems, including fire alarms, are in good working condition.
Have you been hurt in your rental property? Contact Langdon & Emison at (866) 931-2115 for a free consultation.
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