Where you choose to live can impact your health, happiness, and how you spend your time. Many people are unsure whether to live in an apartment, purchase a home, or even rent a home. According to the National Apartment Association (NAA), there were over 45 million U.S. renter households in 2024, and America has been building a lot of apartments to keep pace with robust demand from renters.
If you choose to live in an apartment, you expect the building and property to be safe and that the property owners or landlord value your safety and security. No one expects to be hurt on the property where they live; however, accidents do happen.
At Peterson Law Firm, we understand the physical, emotional, and financial toll an unexpected injury can take. Our experienced Kansas City slip and fall attorneys are here to help you understand your rights and explore your options for seeking compensation after an apartment complex fall accident. Here, we discuss tenant rights, the legal duty property owners and landlords have to maintain their premises, liability in a sip and fall, and what to do if you’re hurt at your apartment complex.
Duty of Care: How it Applies to the Owners of an Apartment Complex
Under Missouri law, property owners and managers have a legal duty to maintain their premises in a reasonably safe condition. This includes apartment complex owners and landlords. They must take reasonable steps to identify and address potential hazards that could cause harm to tenants and visitors.
Understanding Duty of Care
If you want to file a premises liability claim for a slip and fall injury that happened at your apartment complex, you’ll need to prove the following elements:
The Apartment Complex Owner Owed You a Duty of Care
For tenants or invited guests, the law says property owners and/or landlords must maintain the property and keep it reasonably safe. This duty typically includes conducting regular inspections to identify any potential dangers, repairing any hazardous conditions promptly, and informing residents and their guests about any risks. If a landlord of an apartment complex neglects these obligations, they may be liable for any financial losses and injuries through a premises liability claim.
There Was a Known Dangerous Condition That Was Not Communicated
When the landlord has knowledge of a dangerous condition that wouldn’t be discovered by the tenant, and the landlord fails to disclose the dangerous condition to the tenant, the landlord may be held liable if that condition causes an injury. For example, if there’s a leak in the ceiling of a hallway that is leaving a wet spot on the floor, the landlord needs to notify and warn tenants of the dangerous condition. They may use “Wet Floor” or “Watch Your Step” signage to alert tenants and guests.
The landlord or property owner must have actual knowledge of the danger, or they reasonably should have discovered it through regular inspections and maintenance.
The Property Owner Failed to Repair the Hazardous Condition
If the owner failed to repair the condition, provide adequate warning, or take other reasonable steps to prevent injuries, this is a breach of the duty of care, and you may have a successful premises liability claim. This breach could occur if the landlord made inadequate repairs or ignored the hazard. Evidence of failed maintenance, ignored complaints, or violation of safety codes can support this claim.
The Dangerous Condition Caused Your Injuries
For your premises liability claim, you’ll need to prove that you suffered injuries as a result of the dangerous condition. You'll need medical records and other documentation to link your injuries directly to the accident.
Types of Apartment Complex Hazards That Can Lead to a Slip and Fall Injury
Every apartment complex is different, but there are dangerous conditions that are common and can be the cause of a slip and fall injury, including the following:
- Wet or slippery floors in common areas such as lobbies, hallways, or laundry rooms
- Poorly maintained sidewalks, parking lots, or walkways with cracks, potholes, or uneven surfaces
- Inadequate lighting in stairwells, entryways, or outdoor areas
- Lack of surveillance cameras
- Lack of proper handrails or guardrails on stairs or elevated walkways
- Improperly maintained amenities such as pools, gyms, or playgrounds
When an apartment complex owner fails to address these types of hazards and someone gets hurt as a result, they may be held liable through a premises liability claim.
The Legal Responsibilities of an Apartment Complex Landlord
If you suffer a slip and fall injury and want to file a claim for compensation, it’s important to understand a landlord’s duty of care. Legally, landlords are required to do the following:
- Maintain and keep common areas safe and secure. These are areas open to the public, including lobbies, hallways, stairways, laundry rooms, and parking lots. Because the landlord is usually the one responsible for maintaining, repairing, and keeping these common areas in good shape, they can be found liable for injuries that occur in them.
- Repair known hazards in a reasonable amount of time. There is no specific length of time a hazardous condition must be present to find a property owner liable if you’re injured. The law states that the hazard must exist for a “reasonable” time. This means a property owner must have had enough time to become aware of the danger and then to fix or warn about it before the injury occurred. The property manager’s responsibility to fix it depends on the circumstances. Missouri law requires repairs to be made within 14 days of notification by a tenant.
- Comply with local housing codes and safety regulations. This could include making sure structural components like stairs, railings, and electrical systems are up to code.
- Warn tenants of potential dangers that are not obvious. This could include posting signs to notify tenants and visitors of a hazard they might not see right away.
Seeking Compensation for Your Apartment Complex Slip and Fall Injury
Building a strong injury case requires that you act promptly to gather important evidence. If you’re able, try to do the following:
- Notify the apartment manager right away. Explain the accident to the apartment landlord or property owner right away. If possible, have them write an incident report that includes the date, time, and details of the accident.
- Take photos of the accident scene. For example, if you fell due to a pothole, get a picture of the hole, as well as the injury you sustained. A swollen ankle or bruise is helpful evidence that connects your injury to the hazard.
- Obtain witness contact information. Talk to anyone who may have been driving or walking by when you fell. Get the phone number of witnesses before their memory fades about the accident.
- Contact our knowledgeable Kansas City slip and fall attorneys. We can help you understand your rights and legal options following your apartment complex slip and fall.
Examples of Potential Landlord and Property Owner Negligence
If you’re injured on your apartment complex property, the circumstances of your accident will be important when determining possible compensation. Here are some examples where a court might find landlord negligence:
- If the landlord agrees to make repairs for a tenant, then fails to make the repair in a reasonable time after receiving a timely repair request
- If the landlord agrees to make a repair for a tenant and then performs the repair negligently
- If the landlord fails to clear ice and snow from a parking lot after having a reasonable time to do so
- If the landlord fails to fix a pothole in the parking lot that has been reported by tenants and has caused injuries or property damage to their cars
- If tenants have complained of theft and/or break-ins to their apartments and cars, and the landlord does not install adequate lighting in the parking lot and surrounding area
- If the landlord knows about a broken handrail in a common area but doesn’t fix it in a reasonable amount of time
- If the landlord knows about a mold problem in some of the apartment units but does not fix it in a reasonable amount of time
- If the landlord fails to repair broken water heaters, resulting in no hot and cold running water for tenants
- If the landlord fails to fix broken door locks that would allow non-invited guests into common areas
How Peterson Law May Help After an Apartment Complex Slip and Fall
At Peterson Law Firm, we're committed to helping injured tenants and guests seek accountability and fair compensation after Kansas City apartment complex falls. We understand Missouri premises liability law and the tactics used by insurance companies for apartment complexes to try and pay out as little as possible. When you choose Peterson Law Firm, you'll get compassionate guidance and aggressive advocacy every step of the way. Read our case results to see how we’ve helped other clients with their premises liability claims.