Injured at a Columbia, MO Apartment Complex: Who is Responsible?

About the Author

Ethan Charles (“EC”) Duckworth is the founding attorney of Duckworth Injury Law. EC earned his law degree from the University of Missouri - Columbia, where he graduated in the top 10 of his class and served as an Editor of the Missouri Law Review. EC currently serves as a member of the Missouri Association of Trial Attorneys (MATA) and is a graduate of the Ross T. Roberts Trial Academy. EC has represented hundreds of injury victims throughout his career, resulting in tens of millions of dollars in compensation recovered. EC has handled many premises liability personal injury cases in Columbia, MO and across Mid-Missouri. 

Understand Who Is Responsible for Covering the Cost of Injuries After an Accident at a Columbia, MO Apartment

With over 130,000 residents, and tens of thousands of students across Mizzou, Columbia College, and Stephens College, Columbia, Missouri has a plethora of apartment complexes to house its growing population. And with so many apartment complexes across CoMo, apartment accident injuries are far more common than people expect.   

For instance: What happens when someone slips on icy steps at Aria Apartments? Or if a handrail gives way at Katy Place Apartments? Or if a balcony collapses at The Domain at Columbia? 

While people often assume the landlord is automatically responsible, it’s not always that simple under Missouri law. Under Missouri’s premises liability law, liability usually depends on who had control over the dangerous condition – not just who owns the property. Often, more than one party shares fault. The person or company responsible for maintaining the dangerous condition is usually the one responsible for the injury — but apartment complexes involve multiple layers of ownership and management, which makes these cases more complicated than a typical property claim.

This article explains how liability typically works when someone is hurt at a Columbia apartment complex.

The liability of the property owner and/or landlord at a Columbia, MO apartment building

Missouri law requires that landlords use reasonable care to keep common areas reasonably safe for tenants and visitors. In other words, while a landlord is generally not responsible for conditions inside a tenant’s private unit after possession is transferred, the landlord is still responsible for maintaining the spaces used by all residents and/or visitors. These common spaces in which a landlord maintains responsibility for taking care of include:

• Sidewalks
• Staircases
• Parking lots
• Exterior light systems
• Shared swimming pools and pool areas
• Other apartment common areas

While the law doesn’t require property owners to be perfect in maintaining these areas, it does expect property owners to use reasonable care in maintaining such. If a property owner knew – or should have known – about a dangerous condition on their property, they may be liable if an injury causing accident later occurs. 

How the property management company is involved in a Columbia, MO apartment personal injury case

In many Columbia apartment complexes, tenants never even interact with the actual owner. Rather, day-to-day operations such as leasing, rent payment, and maintenance are handled by a separate property management company. When a property owner hires a property management company, the property management company typically controls:

• Maintenance
• Safety inspections
• Tenant complaints
• Repair decisions

The scope of a property management company’s responsibilities will typically be documented in the contract and/or agreement that it has with the property owner. When a property management company fails to use reasonable care in maintaining, inspecting, or repairing areas of the apartment complex for which it was hired to handle, the property management company may be liable when a person is injured as a result of their failure to do so. Likewise, if a tenant reports a dangerous condition and management delays fixing it, the management company may be the primary responsible party in a personal injury claim. 

Other third-party contractors involvement in a personal injury case

For more specialized services, a property owner or the property management company may hire another third-party contractor. Common examples of these contracted services include:

• Snow removal
• Leaf removal
• Electricians
• Carpenters
• Security patrol services
• Security camera systems

If the apartment complex hires a third-party contractor to handle any of the above services for the complex, and the contractor performs negligent work (like leaving untreated ice or installing a defective railing on a deck), the contractor may also be liable for their own negligence.

The responsibility of a tenant of the apartment complex

Not every apartment injury is caused by the negligence of the property owner or management company. Oftentimes, injury accidents at an apartment complex are caused by the negligence of a tenant at the complex. The key question is “who created the dangerous condition and who had the ability to prevent it?” Common scenarios where a tenant will be responsible for another person’s personal injuries include:

• Dog bites and animal attacks (by an animal owned by a tenant)
• Dangerous conditions inside a tenant’s apartment (tripping hazards, leaving a stovetop burner on, defective furniture, installing fixtures incorrectly, etc.)
• Acts of the tenant (throwing an object off their balcony, running or horseplay on stairs, speeding through parking lots, leaving obstacles in walkways, etc.)

In these situations, and many others, the tenant may be responsible (often under their renter’s insurance coverage) for another’s injuries. 

Shared responsibility is common in Columbia, MO personal injury cases against an apartment building

Missouri follows a pure comparative fault model in allocating fault between the parties. In other words, multiple parties can share responsibility for the same injury. At trial, a jury would decide what percentage of fault to allocate between all named parties (out of a total of 100%). For example, a jury may find:

• Property owner failed to fix a hazard (20% at fault)
• Management company performed a faulty repair of the hazard (50% at fault)
• Injured person was partially inattentive (30% at fault)

Here, compensation would be reduced by the injured person’s percentage of fault, and the other negligent parties would be responsible for their respective share of the remaining damages. 

How to Win a Columbia, Missouri Apartment Premises Liability Case

Most premises liability claims focus on whether the property had adequate notice of the dangerous condition. Generally, an injured person must show:

1. A hazardous condition existed
2. The responsible party knew or should have known about it
3. They failed to repair or warn
4. The condition caused the injury

Often, the central issue is how long the hazard existed and whether inspections were reasonable. To prove the above elements in a premises liability personal injury claim, evidence must be presented. Important evidence in these cases includes:

• Surveillance footage
• Photos of the hazardous condition
• Work orders
• Maintenance logs
• Incident reports and prior complaints
• Witness names

As many surveillance systems automatically overwrite video within days, it’s important to notify the apartment complex owner and management company of the accident as soon as possible and request preservation of the video (often called a spoliation letter). Further, document the hazardous condition immediately after the injury. 

Take Action With Duckworth Injury Law, Columbia, MO’s Leader in Seeking Compensation for Victims of Apartment Complex Accidents

Apartment injury cases can get complicated quickly. The property owner may blame the management company. The management company may blame a contractor. Sometimes another tenant — or their insurance — is involved. Meanwhile, important evidence like maintenance records and security footage can disappear within days.

If you were hurt at a Columbia, MO apartment complex, getting answers early can make a real difference in protecting your claim.

At Duckworth Injury Law, we investigate who actually had responsibility for the dangerous condition and work to preserve the evidence before it’s gone. There’s no cost to speak with us, and you won’t owe a fee unless we recover compensation for you.

If you have questions about an injury at an apartment complex in Columbia, Jefferson City, Lake of the Ozarks, or anywhere else across mid-Missouri, you’re welcome to reach out for a free consultation and straightforward guidance about your options.