Can I be evicted if I got injured on my rental property?

I slipped on my porch and fell on an
old screen door my landlord left on my

Asked on April 12, 2017 under Real Estate Law, South Carolina


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You cannot be evicted for being injured on the rental property.  That would constitute retaliatory eviction which means the landlord is evicting you for something that is not a breach of the lease.
In addition to suing the landlord for damages (monetary compensation) for retaliatory eviction, the landlord is also liable for your injury on the premises.
Your personal injury claim should include your medical bills, medical reports, and if applicable, documentation of wage loss. 
Compensation for the medical bills is straight reimbursement. The medical reports will document your injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.

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