Landlord Liability

Rob McKinney

Contributor

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A couple of weeks ago, I was arguing a wrongful death case before the Tennessee Court of Appeals.The case involved the liability of a landlord to people who visited the premises.So,what do you have to prove in a slip and fall or trip and fall case on rented property ?

Under Tennessee law, A landlord is odinarily not responsible for an injury to a tenant, or a tenant's guest that results from a dangerous condition of the property existing at the time the tenant took possession of the property. However,there is an exception to this general rule .If a tenant is entitled to use a property retained by the owner , the landlord must use reasonable care to to discover and repair unsafe conditions on the property under his or her control. For example, a landlord has a duty to inspect a common areas under his control or unless the landlord should anticipate the harm that may be caused. To prove your case , you must prove the area in which you fell was under the control of the landlord.