The short answer
If you were hurt in your apartment because a landlord or property manager failed to repair a hazard they knew about, or should have known about, you may have a personal injury claim in California. Landlords must keep rentals habitable and use reasonable care, and tenants are generally protected from retaliation for speaking up.
Millions of people in Los Angeles rent their homes, and many live in older buildings where repairs are put off for months or years. A loose stair tread, a missing handrail, a dark hallway, a leaking ceiling, or a broken gate may seem like an annoyance until someone falls, is burned, becomes ill, or is bitten. When a landlord or property manager lets a dangerous condition go unfixed, the injuries that follow are not just bad luck. Under California law they can be the basis for a personal injury claim.
Apartment and tenant injury cases come from many kinds of neglect: broken stairs, handrails, and railings; unsafe balconies and walkways; poor lighting in hallways, stairwells, and parking areas; cluttered or damaged common areas; water damage and mold; pest infestations; broken locks and gates; fires linked to faulty wiring or heaters; and dog attacks in shared spaces. Assaults and other crimes on a property, and carbon monoxide exposure, are separate kinds of claims that we handle on their own pages. This page focuses on injuries from the condition and upkeep of the building itself.
Our founding attorneys spent years on the fight against insurers and inside a major insurer, so we know how property insurers evaluate these claims. They often argue that the tenant knew about the hazard, should have reported it, or that the landlord never had notice of it. Many tenants also worry that speaking up could cost them their home. We explain your rights, including protections against retaliation, and we help you document what happened in a way that protects both your claim and your housing.
Your consultation is free and confidential, and you pay no attorney's fee unless we recover compensation for you. We are available 24/7, and we can meet you in Los Angeles or San Bernardino, or talk by phone if that is easier. The sooner we hear from you, the sooner we can help preserve the evidence before the hazard is quietly repaired.
From the other side of the table
How the property insurer sees a tenant injury claim
"You knew about the hazard"
Insurers often argue that a tenant who lived with a defect for months accepted the risk. Knowing about a problem is not the same as having a safe alternative, and a tenant who reported it was relying on the landlord to fix it. We show what you reported, when, and what the landlord did about it.
"You should have reported it"
If a tenant never complained in writing, the defense may say the landlord had no notice. We look for other proof of notice: earlier complaints by neighbors, inspection reports, maintenance logs, prior repairs, and conditions that were so obvious a reasonable owner would have found them.
"It was a sudden event"
Property managers sometimes claim a hazard appeared moments before the injury. We gather photos, work orders, and witness accounts that show how long the condition existed.
The quiet repair
After an injury, the defect is often fixed and the evidence disappears. We send preservation demands right away and document the scene so the original condition can still be shown.
Why it happens
Common causes
Broken stairs, handrails, and railings
Loose treads, uneven steps, missing handrails, and weak railings cause serious falls, especially for children, older adults, and anyone carrying groceries or laundry.
Unsafe balconies and walkways
Rotted or poorly attached balcony supports, cracked walkways, and damaged railings can fail without warning and cause falls from height.
Poor lighting and cluttered common areas
Dark stairwells, hallways, laundry rooms, and parking areas, along with debris or leaking pipes in shared spaces, create trip and slip hazards.
Water damage and mold
Chronic leaks, roof or plumbing problems, and unaddressed moisture can lead to mold, damaged ceilings and floors, and health problems, particularly breathing problems.
Pest infestations
Rodents, roaches, and other pests that a landlord fails to control can cause bites, infections, and illness, and can contaminate food and living space.
Broken locks, gates, and fire hazards
Broken locks and gates, faulty wiring, defective heaters, and missing or disabled smoke alarms can lead to injuries and fires. Crime on a property and carbon monoxide are covered on their own pages.
Dog attacks in common areas
When a landlord knows about a dangerous animal on the property and does nothing, or a dog is allowed to roam shared areas, a bite may involve more than one responsible party.
What we see
Injuries we handle
What you may recover
Compensation in a California claim
Medical expenses, now and in the future
Emergency care, surgery, therapy, medication, and the cost of continuing treatment, supported by your treating providers.
Lost income and earning capacity
Wages lost while you recover, and the reduced ability to earn if your injuries limit the work you can do.
Pain, suffering, and loss of enjoyment of life
The physical pain, emotional distress, and disruption to daily life that follow a serious injury in your own home.
Property damage and displacement costs
Belongings damaged by fire, water, or mold, and, where appropriate, the cost of temporary housing if your home becomes unsafe.
Scarring and disfigurement
For burns, dog bites, and other injuries that leave visible scars, compensation can take into account the lasting physical and emotional effects.
Punitive damages in appropriate cases
If a landlord knowingly ignored a serious danger over a long period, punitive damages may be considered in appropriate cases.
The rules that apply
California law you should know
A landlord's duty to keep rentals habitable
California law requires landlords to keep rental units in a livable condition, including working plumbing, heating, electrical systems, and protection from conditions that threaten health and safety.
Civil Code § 1941 and Civil Code § 1941.1
The general duty of reasonable care
Everyone is generally responsible for injuries caused by a failure to use ordinary care. Landlords and property managers are expected to take reasonable steps to keep their buildings safe.
Civil Code § 1714
The duty of property owners
California courts look at whether a property owner acted reasonably in light of the risk, including how serious the danger was and how easily it could have been fixed.
Rowland v. Christian (1968) 69 Cal.2d 108
Protection against retaliation
A landlord generally cannot punish a tenant for exercising legal rights, such as complaining about unsafe conditions, by raising rent, reducing services, or starting an eviction. The law has specific requirements and time limits, so please talk to us about your situation.
Civil Code § 1942.5
Pure comparative fault
If the defense argues you share some blame, you can still recover damages reduced by your percentage of fault.
Li v. Yellow Cab Co. (1975) 13 Cal.3d 804
Two-year injury deadline
Most personal injury lawsuits must be filed within two years, but repairs, cleanups, and lost records can erase the evidence much sooner.
Code of Civil Procedure § 335.1
General information, not legal advice. Deadlines and rules depend on the facts of your case, so talk to an attorney promptly.
Right now
Protect your claim
Evidence to gather
- Dated photos and videos of the hazard, the injury scene, and your injuries
- Written repair requests, with the date and how they were sent
- Texts, emails, and letters between you and the landlord or property manager
- Your lease, rent receipts, and any notices you received
- City or county inspection reports and code complaints
- Names and contact information for neighbors and other witnesses
- Records of earlier complaints or repairs of the same condition, including those made by neighbors
- Medical records, bills, and proof of lost income
Mistakes insurers count on
- Giving a recorded statement to the landlord's insurance company
- Making complaints only by phone or in person, with nothing in writing
- Letting the hazard be repaired or thrown away before it is photographed
- Signing a release or accepting a quick offer before the full injury is known
- Skipping medical care or leaving gaps in treatment
- Posting about the injury or your landlord on social media
Step by step
How we handle your case
- 1
Get medical care and tell us what happened
Your health comes first. When you are ready, we listen to your story and explain your options in plain language, with no obligation.
- 2
Protect your housing
We explain tenant protections, including the law against retaliation, and help you communicate with the landlord in writing so your rights and your home are protected.
- 3
Preserve and document the evidence
We send preservation demands for repair records, inspection reports, and surveillance video, and we document the hazard with photos, video, and where appropriate an expert inspection.
- 4
Identify every responsible party and policy
We look at the owner, property manager, management company, maintenance contractors, and other parties, along with every insurance policy that may apply.
- 5
Build the full value of your claim
We gather your medical records and bills and, where appropriate, work with medical and financial professionals to show the full long-term impact.
- 6
Negotiate or try the case
We negotiate with the property insurer and file suit when necessary, preparing every case as though it will be tried.
From the Case Vault
Related results
Past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own facts.
Straight answers
Frequently asked questions
Often, yes. California law expects landlords and property managers to use reasonable care and to keep rental units habitable. If a hazard that they knew about, or reasonably should have known about, caused your injury, you may have a claim. Every case depends on its facts, so we review yours and explain your options.
Premises Liability