Habitability Claims

Experienced Premises Liability Attorneys In Sacramento

Sacramento slip and fall lawyer at The Weinberger Law Firm would like to take the time to explain premises liability insurance and the types of claims that can be made by individuals who lease property. Many people across the country rent space to live in from another, and when that agreement is made, an agreement is also made that the place you are leasing will be habitable and safe. Unfortunately, this is not always the case and building owners know this all too well. Because of the inherent liability attributed to the property owner, the owner must carry liability insurance to cover any possible future liabilities that may arise from their care of the property in question.

If you or someone else was injured or killed as a result of the habitability or safety of the property, the building owner can be deemed liable. Their liability will likely be transferred to an insurance company in the form of an insurance contract, meaning the insurance company will ultimately be deemed liable for your injuries sustained.

There is a distinct difference between habitability claims and injury claims, although both are covered by a general liability policy, which will encompass the following three types of claims:

• Property damage (PD)
• Bodily injury (BI)
• Personal injury (PI)

Because habitability claims do not require an instance of property damage or bodily injury, they fall under the personal injury liability category.

Habitability Claims Related To Landlord’s Premises Liability

Habitability claims involve the current status and living conditions of a building. These claims are related to current living conditions and do not require a specific instance of bodily injury or property damage. The act of leasing an uninhabitable space is illegal and is defined by California Civil Code Section 1941, which states that when a landlord rents property as a place of residence, the property must by law be in a habitable condition, meaning all of the below conditions must be met:

• Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors
• Plumbing facilities in good working order, including hot and cold running water, connected to a sewage disposal system
• Gas facilities in good working order
• Heating facilities in good working order
• An electrical system, including lighting, wiring and equipment, in good working order
• Clean and sanitary buildings, grounds and appurtenances (for example, a garden or a detached garage) which are free from debris, filth, rubbish, garbage, rodents and vermin
• Adequate trash receptacles in good repair
• Floors, stairways and railings in good repair
• A working toilet, wash basin, and bathtub or shower; toilet and bathtub/shower must be in a room that is ventilated and allows for privacy
• A kitchen with a sink, which cannot be made of an absorbent material (for example, wood)
• Natural lighting in every room through windows or skylights; unless there is a ventilation fan, the windows must be able to open at least halfway
• Safe fire or emergency exits leading to a street or hallway; stairs, hallways and exits must be litter-free; storage areas, garages, and basements must be free of combustible materials
• Operable deadbolt locks on the main entry doors of rental units and operable locking or security devices on windows
• Working smoke detectors in all units of multi-unit buildings, such as duplexes and apartment complexes; apartment complexes also must have smoke detectors in common stairwells

There are items that fall under the responsibility of the tenant, so if any of the above conditions are not met because of the tenant, the landlord will not be deemed liable. If any of the above criteria are not met as a result of the landlord’s inaction alone, you will have cause to file a habitability lawsuit against your landlord, which should be covered by their general liability insurance policy. The place you and your family live is supposed to be safe and habitable, and if it is not, you should call the Sacramento injury attorneys at The Weinberger Law Firm. Whether you rent a house, an apartment, or a condominium, habitability is a right deserved by all, and the Sacramento slip-and-fall lawyer at this law firm will fight to guarantee access to that right.

You do not have to be a tenant in order to file a premises liability claim against an irresponsible property owner. If you used the property and were hurt as a result, you may be entitled to compensation for medical bills and pain and suffering. Our lawyers are experts in premises liability law and fight to maintain safe living and working conditions for our community. If you have been hurt because of someone else’s negligence or feel that the property you are renting is uninhabitable, call our injury attorney in Sacramento for a free consultation today!

Discuss Your Premises Liability Claim With An Experienced Slip-And-Fall Lawyer

Contact our Sacramento or Folsom office to speak with a personal injury attorney about your injury claim. We offer a free initial consultation where you can get honest answers to your questions and learn more about your legal options. You can reach us by phone at 916-304-0952 or send us an email to schedule an appointment.