Renting a home or apartment should come with peace of mind, but when unsafe conditions lead to serious injuries, tenants are often left wondering: Can I sue my landlord for my injury? In Pennsylvania, the answer is yes—under certain legal conditions.
This blog explains your rights as a tenant, when you can file a personal injury lawsuit, and how to hold negligent landlords accountable under Pennsylvania law.
Common Rental Property Hazards That Lead to Injury
Landlords in Pennsylvania have a legal duty to maintain safe, habitable premises. When they fail to do so, dangerous conditions can arise, including:
- Broken staircases or railings
- Loose carpeting or flooring
- Faulty electrical wiring
- Water leaks and mold
- Poor lighting in common areas
- Icy walkways or unshoveled sidewalks
- Pest infestations
These hazards can lead to slip and fall accidents, electrocutions, burns, or exacerbation of respiratory conditions—and if a landlord knew or should have known about them, they can be held liable.
When Is a Landlord Liable for a Tenant’s Injury?
To successfully file a personal injury lawsuit against a landlord in Pennsylvania, you must prove:
- The landlord had a duty of care (they are responsible for property maintenance).
- The landlord knew or should have known about the hazardous condition.
- The landlord failed to fix or warn you about the danger within a reasonable time.
- You were injured as a result of that negligence.
For example, if you told your landlord about a broken handrail and they ignored the complaint—and you later fell and were injured—that could be the basis for a claim.
Types of Compensation You Can Pursue
A personal injury lawsuit for rental property injuries may entitle you to recover:
- Medical expenses (including future treatment)
- Lost wages and earning capacity
- Pain and suffering
- Permanent disability or disfigurement
- Emotional distress
- Property damage (e.g., damaged personal belongings during the incident)
Can You Sue If You’re a Guest or Visitor?
Yes. If you’re visiting a tenant and get injured due to the landlord’s negligence (like slipping on icy stairs or tripping over exposed wiring), you may still be able to file a claim. Landlords owe a duty of care to both tenants and lawful visitors.
What If the Landlord Blames You?
Landlords often argue that tenants were at fault for their own injuries. Pennsylvania follows a modified comparative negligence rule, which means:
- You can still recover compensation if you’re less than 51% at fault.
- Your compensation is reduced by the percentage of fault assigned to you.
This is why it’s essential to document the scene, report the incident immediately, and consult an attorney before making any statements.
Steps to Take If You’re Injured in a Rental Property
- Get medical treatment immediately and keep all records.
- Report the injury to your landlord in writing.
- Document the hazardous condition with photos or videos.
- Collect witness statements, if any.
- Consult a personal injury attorney to evaluate your legal options.
Jensen Bagnato Protects Tenant Rights in PA
At Jensen Bagnato, P.C., we fight for renters who’ve been injured due to negligent landlords. If you were hurt in your home, apartment complex, or rental unit, you may be entitled to significant compensation.