When a Building Hurts the People Who Live In It.
Defective stairs, ungrounded wiring, broken locks, failed smoke detectors, leaking gas. Landlords have a duty to make residential property safe. When they breach that duty and someone is hurt, the law gives that person a path to full recovery.
You may have a case if…
- ›You were injured by a fall on broken stairs, missing handrails, or a defective walkway.
- ›There was a fire, gas leak, or electrical incident in your unit or building.
- ›You were assaulted in a common area where security or lighting was inadequate.
- ›Smoke detectors, carbon-monoxide detectors, or fire-suppression systems failed.
- ›A child was injured by exposed wiring, unprotected pool access, or other foreseeable hazard.
Residential landlords in California owe their tenants a duty of reasonable care to maintain the premises in a safe condition. When that duty is breached and a tenant or guest is hurt, claims sound in both negligence and the implied warranty of habitability — and in many cases also in statutory violations (building code, fire code, security ordinances).
These cases reward early documentation. Photographs of the condition, work-order histories, repair invoices, and the building's prior complaint and citation record are often more important than testimony. We move quickly to preserve all of it.
Premises Liability for Tenants and Guests
Rowland v. Christian and its progeny require landlords to take reasonable steps in light of foreseeable harm. Foreseeability is informed by prior complaints, prior incidents, code citations, and industry standards.
Negligent Security and Third-Party Crime
Where a landlord knew or should have known of a risk of criminal activity — prior assaults, broken entry gates, unlit common areas — and failed to take reasonable measures, the landlord can be liable for resulting harm.
Building, Fire, and Housing Codes
Violations of state and local codes (smoke detector requirements, GFCI requirements, balcony inspection laws like SB 721, pool fencing) are powerful evidence of breach and, in many cases, negligence per se.
Habitability and Personal Injury Together
A single condition often supports both a habitability claim and a personal-injury claim. We pursue both in tandem when the facts allow it.
What you can recover
- •Medical expenses — past and future.
- •Lost income and lost earning capacity.
- •Pain, suffering, and emotional distress.
- •Out-of-pocket costs — destroyed belongings, alternative housing.
- •Punitive damages where the landlord knowingly tolerated a dangerous condition.
- •Attorneys' fees in cases brought under fee-shifting statutes.
The process
Step 01
Immediate Preservation
We send preservation letters the day we are retained — work orders, surveillance footage, repair records.
Step 02
Expert Investigation
Where appropriate, we retain code, security, electrical, or fire experts to inspect and document the condition.
Step 03
Litigation and Discovery
Targeted discovery on the owner's knowledge, prior complaints, and budget decisions.
Step 04
Resolution
Settlement, mediation, or trial.
Why Okojie Law
Frequently asked questions
I rented from a small mom-and-pop landlord. Does that change anything?+
No. The duty of reasonable care applies regardless of the size of the landlord. Insurance coverage typically exists, and we pursue it.
I did not file a written complaint before the injury. Does that hurt my case?+
Not necessarily. Notice can be actual or constructive — meaning, the landlord knew or should have known. Prior complaints from other tenants and the visible nature of the defect often supply notice.
I was hurt as a guest, not a tenant. Can I still sue?+
Yes. The duty extends to anyone the landlord could reasonably foresee being on the premises.
What if I signed a lease with an injury waiver?+
California courts generally refuse to enforce residential injury waivers, particularly for ordinary negligence.
Will my own renters insurance affect the case?+
Renters insurance helps with belongings but does not bar a claim against the landlord. We coordinate to maximize total recovery.
What does it cost?+
Nothing up front. Contingency representation in qualifying cases.
Tell us what happened.
Confidential. No obligation. We respond within one business day.
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