Home Safety and Tenant Rights
Living in a rented home implies the fundamental right to inhabit a safe environment free from structural hazards. Unfortunately, it is not uncommon for a tenant to suffer an injury due to property maintenance defects, such as falling plaster, a faulty electrical system, or uneven flooring. As a lawyer specializing in compensation for damages in Milan, Avv. Marco Bianucci deeply understands the bewilderment and difficulty of those who find themselves having to manage a physical injury in the very place that should be the safest: their own home.
When a domestic accident occurs due to the condition of the property, it is essential to understand that Italian law protects the tenant but also imposes precise burdens to prove the landlord's liability. It is not just about obtaining financial compensation, but about having the right to health and housing safety recognized.
Landlord's Liability: What the Law Says
The normative reference point for these situations is primarily Article 2051 of the Civil Code, which governs liability for damages caused by things in custody. The property owner (landlord) is considered the custodian of the structural elements and the systems integrated within them. Consequently, they are objectively liable for damages that these structures may cause to third parties, including the tenant.
However, for the right to compensation to arise, it is necessary to demonstrate the causal link between the property defect (the "thing in custody") and the damage suffered. The landlord's liability ceases only if they can prove the so-called "fortuitous event," i.e., an unforeseen and unforeseeable event that caused the damage independently of their will or maintenance, or if the damage was caused by the tenant's own imprudent conduct.
It is important to distinguish between different types of maintenance. The landlord is responsible for extraordinary maintenance and structural defects (e.g., roof, water and electrical systems, wall stability). The tenant, on the other hand, is responsible for minor ordinary maintenance related to daily use. If the injury results from a failure in ordinary maintenance that is the tenant's responsibility, the landlord may not be held liable.
The Bianucci Law Firm's Approach
Avv. Marco Bianucci, a lawyer specializing in compensation for damages in Milan, handles cases of injuries in rented properties with a rigorous and analytical method. The firm's priority is to accurately reconstruct the dynamics of the event to establish the landlord's liability without a shadow of a doubt.
The legal intervention is structured in several strategic phases:
Firstly, a preliminary analysis of the contractual documentation and the state of the premises is carried out, often with the help of technical experts to ascertain the nature of the defect that caused the accident. Subsequently, the precise quantification of the biological and patrimonial damage suffered by the client is carried out, with the assistance of trusted medical-legal experts.
The goal of Avv. Marco Bianucci is to obtain fair compensation for the client, prioritizing, where possible, an out-of-court settlement with the landlord's insurance company or with the landlord directly, to ensure faster timelines. However, should the opposing party deny their responsibilities, the firm is prepared to defend the client's rights in court with the utmost determination.
Frequently Asked Questions
What should I do immediately after getting injured at home?
It is essential to document the incident immediately. Take photographs of the accident scene and the defect that caused it (e.g., the fallen plaster, the broken step). Go to the Emergency Room immediately to have the injuries documented, clearly explaining the dynamics of the accident to the doctors. Subsequently, send a written communication (registered mail or certified email) to the landlord to inform them of the incident.
Is the landlord responsible even if they were unaware of the defect?
Yes, under Article 2051 of the Civil Code, the custodian (landlord) is liable for damages caused by the thing in custody regardless of their specific knowledge of the defect, unless they can prove a fortuitous event. Theirs is an objective liability linked to the ownership and control of the property.
If the injury is caused by my appliance, can I claim damages from the landlord?
No. If the damage arises from an item owned by the tenant or from improper use of the structures (e.g., overloading an electrical outlet caused by a faulty power strip belonging to the tenant), the liability falls on the tenant and not on the property owner.
What types of damages can I claim?
You can claim compensation for patrimonial damage (medical expenses, medications, rehabilitation, loss of earnings due to absence from work) and non-patrimonial damage (biological damage for temporary or permanent disability and moral damage for the inner suffering endured).
Request an Assessment of Your Case
If you have suffered an injury inside a rented apartment in Milan due to poor maintenance or structural defects, it is important to act promptly to protect your rights. The Bianucci Law Firm, located at Via Alberto da Giussano 26, is available to examine your situation.
Avv. Marco Bianucci, thanks to his experience in civil liability matters, can offer you a clear picture of your compensation options and guide you towards the most suitable solution for your specific case. Contact us to schedule an initial consultation at our office.