Can I Sue My Landlord for an Injury?

June 22, 2026

If you’ve been hurt on a rental property, whether you slipped in a dimly lit hallway, tripped over a hazard in a shared space, or were injured because something wasn’t fixed, you may be wondering if your landlord can be held responsible.

The answer depends on the facts of the case, and those details determine what happens next.  

The premises liability lawyers at Cofman Townsley, serving Missouri and Southern Illinois, handle these claims regularly. The outcome usually depends on who controlled the condition, what they knew about it, and whether they failed to act.

When Is a Landlord Liable in Missouri?

Missouri law starts with a rule that surprises many tenants: landlords are not automatically responsible for injuries on rental property. As recognized in Lemm v. Gould, once you lease a unit, you take responsibility for your private living space.

But that rule has important limits. A landlord can still be held liable when they retain control over the condition that caused the injury, knew (or should have known) about the danger, and failed to fix it or provide a warning. 

Below are the most common situations where that happens.

Injuries in Common Areas

Landlords are responsible for maintaining shared spaces like hallways, stairwells, parking lots, and laundry rooms. Because tenants don’t control these areas, the duty to keep them reasonably safe stays with the landlord.

For example, if you trip over a loose rug in a hallway that the landlord placed and maintained, there may be a valid claim. On the other hand, if you trip over a rug inside your own apartment, that’s your responsibility, not the landlord’s.

Hidden Dangers the Landlord Knew About

Landlords also have a duty to warn tenants about non-obvious hazards they are aware of. If a danger isn’t something a reasonable person would notice, and the landlord stays silent, that can create liability.

For instance, if a landlord knows that floorboards are structurally weak but doesn’t disclose it, and you fall through, that failure to warn may support a claim. However, if the hazard is clearly visible, like a noticeable crack in the floor, it becomes harder to hold the landlord responsible.

Failure to Make Repairs

Liability can also arise when a landlord agrees to fix a problem or is responsible for repairs under the lease but fails to follow through. In these cases, the issue is not just the hazard itself, but the landlord’s inaction after being put on notice.

For example, if you report a broken handrail and the landlord delays repairs for weeks, a resulting fall could support a claim. But if the issue was never reported and the landlord had no reasonable way to know about it, liability is much less likely.

Other Situations That May Support a Claim

There are other circumstances where a landlord may be responsible for an injury. Building code violations, such as missing required safety features, can strengthen a case, especially when they contributed to the accident.

Similarly, inadequate security measures, like broken locks or poor lighting, may expose a landlord to liability if they contribute to an assault or other injury. And when a landlord repeatedly ignores complaints about a dangerous condition, that pattern of neglect can become powerful evidence in your favor.  

What You Need to Prove

To succeed in a landlord injury claim, you must establish four key elements:

• Duty of Care: The landlord had responsibility over the area or condition.
• Knowledge: They knew or should have known about the hazard.
• Failure to Act: They didn’t fix it or warn you.
• Causation: The hazard caused your injury.

Missouri follows a pure comparative fault doctrine established in Gustafson v. Benda, meaning your compensation can be reduced if you share blame, but you can still recover damages.

What to Do After an Injury

If you’ve been injured on your rental property, taking the right steps can help protect your claim and prevent key evidence from being lost.

Focus on these essential steps:

• Get medical care right away.
• Photograph the hazard before it’s fixed.
• Document everything (date, time, witnesses).
• Report the issue to your landlord in writing.
• Avoid speaking with insurers before getting legal advice.

These steps matter more than they might seem. Evidence can disappear quickly, conditions can be repaired, surveillance footage can be overwritten, and landlords may later dispute what existed. The earlier you act, the harder it becomes for anyone to challenge what actually happened.  

Talk to Cofman Townsley About Your Injury Claim 

In premises liability cases, the outcome often depends on the details surrounding the hazard and how it was handled. Details like prior complaints, maintenance history, and even lease terms can play a critical role in determining whether a claim succeeds. 

If you were hurt on a rental property in Missouri or Southern Illinois, our premises liability lawyers can help evaluate what happened, identify who may be responsible, and plan your next steps. 

At Cofman Townsley, you pay nothing unless we win your case. Schedule a free consultation today to get clear answers and take action before evidence disappears.

Real People. Real Results.