Hi there. It sounds like you are in a difficult position. You may be entitled to compensation if you can prove that your landlord was negligent. To successfully sue your landlord for negligence, several key elements must be proven. First, you must prove that the landlord owed you a duty of care. This is straight forward, as the landlord is likely to owe you, as the tenant, a duty of care to avoid risk of harm to you by providing a safe property.

Second, you must prove that the landlord breached this duty by doing (or not doing) something that fell below the standard of care expected of landlords in his position. For example, you would need to show that the steps he installed were faulty or dangerous or otherwise posed a foreseeable risk of harm to you as the tenant.

Third, you must prove that the landlord’s breach of duty caused you harm. In other words, there must be a connection between what the landlord has done (or not done) and the injury you have suffered.

The law of negligence is particularly complex and not every type of personal injury will result in a successful negligence claim. The above steps can be very difficult to prove and require the expert assistance of a personal injury lawyer. There are also some factors that may reduce your entitlement to compensation, such as contributory negligence (i.e. any conduct by you that contributed to your own injury).

Suggested way forward

From the information you provided, it cannot be determined whether your claim for compensation would be successful in a court of law. Most of these cases are settled before reaching court because of the cost involved in commencing legal proceedings. Whether you accept the landlord’s offer of free rent will not affect your ability to pursue a negligence claim, unless he asks you sign a ‘release from liability’ agreement or similar document. You should consider speaking to a lawyer about your situation to fully understand your legal rights. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.