Blog Post

How a Property Manager Can Help You Avoid a Slip and Fall Lawsuit

Brett Murray • March 6, 2025

Winter in the Midwest can be unpredictable. Chances are if you own rental property in Illinois or Missouri, you experienced the headache firsthand this past January. It can be nearly impossible to keep up with snow and ice on property steps and sidewalks while also performing routine landlord tasks. But if hazards aren’t cleared away promptly, you can set yourself up for a slip and fall lawsuit. 


What many property owners don’t realize is that hiring a property manager can offer great peace of mind and relieve the stress of worrying about tenants falling. We’ll tell you why having a partner on hand is well worth the investment.


Can a Tenant Sue a Landlord After a Slip and Fall Accident?


Landlords have a legal obligation to keep rental properties safe for tenants. If lack of maintenance or failure to notice a dangerous situation leads to a tenant slipping and falling, the landlord can be found liable for a tenant’s injuries as well as their lost wages and related expenses. 


To file a rental property lawsuit, the claimant must prove that the fall was due to the property owner’s negligence. Generally, a landlord can be sued in the following situations:

  • The slipping hazard was in a common area such as a sidewalk, stairway, or shared facility like the lobby or laundry room. 
  • A fall within a rental unit was due to maintenance neglect. Generally, a tenant can’t sue if they slip inside their unit due to a hazard they created, such as on a loose rug or spilled drink. But a tenant could sue after slipping on water from a leaky toilet or dishwasher that the landlord knew about but did not address in a timely fashion.
  • The landlord knew about the hazard and did not fix it in a reasonable time frame. Both Illinois and Missouri laws require repairs to be made within 14 days of notification by a tenant. 
  • The landlord knew about the hazard but did not place warning signs or barriers to prevent tenants from entering the dangerous area.
  • The landlord failed to have regular safety inspections, and a safety code violation caused the tenant to fall.


How a Property Manager Can Help Prevent Lawsuits 

Landlords have a legal obligation to keep rental properties safe for tenants. If lack of maintenance or failure to notice a dangerous situation leads to a tenant slipping and falling, the landlord can be found liable for a tenant’s injuries as well as their lost wages and related expenses. 


To file a rental property lawsuit, the claimant must prove that the fall was due to the property owner’s negligence. 


Generally, a landlord can be sued in the following situations:

  • The slipping hazard was in a common area such as a sidewalk, stairway, or shared facility like the lobby or laundry room. 
  • A fall within a rental unit was due to maintenance neglect. Generally, a tenant can’t sue if they slip inside their unit due to a hazard they created, such as on a loose rug or spilled drink. But a tenant could sue after slipping on water from a leaky toilet or dishwasher that the landlord knew about but did not address in a timely fashion.
  • The landlord knew about the hazard and did not fix it in a reasonable time frame. Both Illinois and Missouri laws require repairs to be made within 14 days of notification by a tenant. 
  • The landlord knew about the hazard but did not place warning signs or barriers to prevent tenants from entering the dangerous area.
  • The landlord failed to have regular safety inspections, and a safety code violation caused the tenant to fall.

How a Property Manager Can Help Prevent Lawsuits 


Fixing fall hazards and responding to maintenance requests must become a priority to avoid being sued. Hiring a property manager makes sense for a number of reasons: 


They Can Get to the Property Quickly

Landlords who own multiple properties, have another job, or who live far away from the rental property can’t always respond immediately to emergencies. Property managers typically work on-site or have staff that is on call around the clock for emergencies and reacting to hazards. If the issue can’t be fixed right away, they can at least place caution tape over a broken stair railing, or a Wet Floor sign over a slippery area to warn tenants of potential dangers.   


They Make Fall Prevention a Priority

Because keeping the property safe is a big part of their full-time job, property managers take a proactive approach to prevent falls. Spreading salt on the sidewalks when snow is in the forecast; fixing uneven walking surfaces as soon as concrete begins to sink; and burying electrical cords before they cause someone to trip. These are all things landlords might not think about but that property managers are trained to watch for. 


They Make Repairs and Have Great Relationships with Trusted Vendors

Property managers have plenty of knowledge and experience with handling repairs, so they have the tools on hand to fix hazards like a loose step or faulty handrail. If the repair doesn’t fall in their wheelhouse, they have excellent relationships with plumbers, electricians, and other local specialists and vendors they can call upon when needed. Let’s say a leaky roof has progressed to leaky ceilings, causing water to drip into a tenant’s unit. That roof needs to be patched right away to avoid a slip and fall lawsuit. Property managers know plenty of reputable roofers in the area who can do the job quickly and prevent tenant injuries. 


They Schedule Routine Inspections 

Before tenants move in and periodically throughout their lease, property managers perform walkthrough inspections of units to look for conditions that could be unsafe. In addition, property managers know to schedule occupancy inspections with the city or county where the property is located. Having proof on file that the property is up to code can prevent tenants from suing a landlord.


They Prepare Lease Agreements that Minimize Slip and Fall Lawsuits

When a tenant signs a lease, they agree to all of the rules, regulations, and expectations in it. Property managers are highly skilled at preparing lease agreements that protect the property owner in slip and fall situations.


A solid lease answers critical questions when it comes to spelling out landlord vs. tenant liabilities, including: 

  • Who is responsible for snow removal? If the lease says the tenant is and the tenant sues a landlord after slipping on a snowy sidewalk, the lease is proof that the landlord is not at fault. 
  • Can tenants make repairs themselves, and what process must they follow to do so? If a tenant attempts to fix a washing machine but water leaks all over the floor and they slip, they can’t sue a landlord if the lease says no repairs can be made without written permission. 
  • What is the typical response time for repairs? If the landlord was made aware of a needed repair one week ago but the lease spells out that he has two weeks to fix the issue, a tenant can’t sue.


Property managers also know to include a clause in the lease stating that the tenant is responsible for the prompt reporting of potential hazards like spills or uneven surfaces, and that the landlord will make reasonable efforts to repair them within a specified timeframe. That way, the tenant isn’t completely off the hook if they were aware of the danger and didn’t tell anyone. 


Hiring a Property Management Company Can Take a Lot of Legal Weight Off of Your Shoulders



For decades, Select Leasing & Management has been keeping tenants safe throughout the St. Louis area. Landlords hire our property managers to keep up with maintenance on their properties and take care of hazards quickly. Not only does this protect the tenants, but it also keeps landlords out of legal trouble. Our team is knowledgeable about Missouri and Illinois premises liability laws, and we will do everything in our power to protect your investment. Contact us today to relieve some of your stress.   


Share this post

By Brett Murray February 6, 2025
Rental property damage beyond normal wear and tear can stretch a landlord’s budget and patience. Know when and how to approach tenants about recouping your costs.
January 9, 2025
The purpose of a property manager is to take a lot of weight off a landlord’s shoulders. Working with a property management company can also boost your ROI.
By Brett Murray December 5, 2024
As a Landlord, you can’t just “trust your gut” when it comes to letting a new tenant move into a rental unit. Some type of tenant background check is necessary to ensure the person is who they say they are, can pay rent, and won’t cause trouble or property damage. While there is no guarantee that someone will be a good renter or a bad one, a thorough screening process can help improve the odds. It’s also helpful to dig a little deeper than the usual questions for things landlords frequently forget, or that might be missed in a background check. The Importance of Tenant Screening Owning rental property is a business, and profits depend on collecting rent, minimizing expenses, and maintaining the investment’s value. Simply put, finding good tenants with tenant background checks is a wise business decision. Saying “yes” to the wrong person can cause property owners a lot of problems, like: Unstable finances due to unpaid or chronically late rent Increased maintenance, repair, and cleaning if tenants mistreat the property Losing good tenants driven out by a neighbor’s disruption Safety concerns and potential premises liability due to criminal behavior Legal fees if eviction proceedings are necessary The consequences of not doing background checks are far worse than the time and money it takes to do them in the first place. Ground Rules for a Tenant Background Check The U.S. Department of Housing and Urban Development’s Fair Housing Act makes it illegal to turn down applicants for the following: Race Color National Origin Religion Sex (including gender identity and sexual orientation) Familial Status Disability Not only is it against the law to even ask about these factors, but they have nothing to do with whether someone will be a good or bad tenant . Far more important information can be learned from a credit check, a criminal background check, and an application that asks for meaningful information about the applicant’s rental history. Landlords are within their rights to ask for the following: Employment and salary history Current income Social security number Driver’s license number Past evictions Credit history and bankruptcies Arrests, convictions, and inclusion on the sex offender list References Nothing prevents a person from lying about something on this list, but the information will be included in formal screenings. Inconsistencies in what’s written on the application and what comes to light with a background check are enough to justify turning down the application.  Landlords must get written consent to do tenant background checks for both criminal history and credit scores. An applicant’s refusal to give permission is itself a red flag that the person may have something to hide. Property owners are allowed to make background checks a requirement to consider an application . Things Landlords Frequently Forget to Ask During Screening Along with the standard background information listed above, there are some other things landlords can look into that can be helpful in making a rental decision. These topics can be added to the application so the answers are in writing. As long as all applicants are asked the same questions, they are not discriminatory. 1. What are the names of all occupants? There are several reasons why knowing exactly who will be living in the rental unit is important. Ideally, all adults should be included in the lease. This way, roommates, partners, and adult children can all be screened for criminal histories and red-flag behavior. It might seem trivial, but a follow-up question asking how many vehicles will be on the premises could be relevant if parking space is limited. Some leases include occupancy limits , either due to local laws or the landlord’s preference. This is another reason to ask for the names of both full-time and part-time occupants. Perhaps a tenant is the only full-time resident but has custody of several children on weekends or for the summer. Renting to them could violate the lease or Missouri housing standards . 2. Have you ever broken a lease or been asked to move? Evictions are usually a last resort, so the standard question about past evictions may not give a landlord enough information. Asking these questions instead can be revealing. A past landlord may have given warnings and threatened to evict someone, but the tenant moved before they had to follow through. Likewise, a tenant may have stopped paying rent and left before their lease expired. Either situation is a red flag. These questions can open a discussion to see if there is a reasonable explanation. 3. What is the status of prior arrests or convictions? Everyone deserves a place to live, including those with a criminal past. Past arrests or convictions might come up for people who otherwise might be great tenants. What’s often missed in a background check is how their case was resolved or their current status. Probing into the nature and seriousness of the crime and how long ago it occurred can tell a lot. Was it a misdemeanor or a felony? Is the case resolved or has it not yet gone to trial? Can a parole officer vouch for you if they were incarcerated? Are you in rehab or otherwise working toward rehabilitation? Are you in the National Sex Offender Registry? Remember, people can be arrested for many things but are innocent until proven guilty. And even if found guilty, they may have paid their debt to society. Unless you choose to adopt a zero-tolerance policy (which is perfectly acceptable), having these conversations is helpful. Consider, too, that an applicant who is open about their past and tells you what you will learn from a background check, may be worth a second look.
Show More
Share by: