Last updated on October 31st, 2025 at 11:24 am
Life in an apartment building is full of official and unofficial rules. On the unofficial side, there are expectations about noise, shared spaces, and common courtesy of your neighbors. On the official end, leases and tenancy agreements lay out the rights and responsibilities of residents and what they can expect from the owner or property management company.
However, even in the most straightforward lease agreement, situations may still arise where liability and responsibility are uncertain. For example, knowing who is responsible for your damages can be tricky if you are injured at your apartment complex. Is it the owner of the building, the management company (if there is one), or the leaseholder of the unit where you were injured?
Today, we’ll cover everything you need to know if you’re asking yourself: “Can I sue my apartment complex?” and show you the best way to handle the situation if you’ve been in an accident on a shared property.
Who Is Responsible If You’re Injured at an Apartment Complex?
In a large shared space like an apartment building, many factors can influence who is responsible for an accident.
Responsibility for accidents in an apartment building generally depends on the cause of your injury, and who controlled the area and the conditions leading to your injury. Depending on these factors, the responsible party may be a property owner, a management company, a landlord, or a tenant in the property.
Here’s how responsibility might be determined:
Landlord/Property Owner Responsibility
Landlords are generally responsible for maintaining safe conditions in common areas and ensuring their buildings meet safety codes. They may be liable if an accident occurs due to their negligence, especially in a common area or under conditions controlled by the landlord, such as in a poorly lit hallway, on broken stairs, or due to a malfunctioning elevator. Landlords often are liable for hazards in the building they should reasonably know about and failed to correct or make safe.
Tenant Responsibility
Sometimes, tenants are held responsible for unsafe conditions within their apartments or other areas under exclusive control, mainly if such conditions result from their negligence. For example, if a tenant fails to address a hazard they caused or doesn’t inform the landlord about a new dangerous condition in their apartment, they might be held liable.
Visitor Responsibility
Visitors and guests are responsible for acting safely on any property. Not surprisingly, if a visitor’s actions are reckless and cause their own injury or damage to the property, they may not recover from a tenant, property owner, or other person.
Ultimately, liability is typically determined by examining the circumstances of the accident and the obligations outlined in the lease agreement.
Can I Sue My Apartment Complex?
You may be able to sue your apartment complex if you can demonstrate that the property owner or management company was negligent and that this negligence directly led to your injury. When evaluating the possibility of a lawsuit, it’s essential to consider several factors, including the specific cause of the accident, any negligence involved, and the responsibility laid out in your lease agreement. In particular, it will be critical to examine who held control over the area where you were injured or the circumstances leading to your injury.
For instance, if you slipped on a wet floor in the lobby that was not marked with caution signs or if a staircase rail was broken and caused a fall, these may be grounds for a lawsuit against a management company that failed to take reasonable precautions.
However, suppose the injury occurred within your apartment and stemmed from an issue you hadn’t reported or was within your control. In that case, holding the apartment complex liable may be more challenging.
Garmey Law Can Help Your Case
If you believe you have a case for an injury that occurred at an apartment building, look no further than our personal injury lawyers at Garmey Law. We can assess your situation and guide you on the next steps. Our premises liability attorneys will help you gather evidence of negligence, such as maintenance logs or photographic proof of the hazard, and determine if filing a claim is your best course of action. Contact us today!