College Student Rights in Off-Campus Housing Injury Cases

Moving into your first off-campus house or apartment in Morgantown is an exciting step. It’s a taste of freedom and a big part of the college experience for students at WVU and other nearby schools. But with that freedom comes new responsibilities and risks that you didn’t have in the dorms. When something goes wrong and you get hurt in your rental property, it can be scary and confusing. You might be wondering, “Who is responsible for my medical bills?”

As Morgantown personal injury lawyers, our team at Desai Law knows these are tough questions. We are here to help students and their parents understand their rights and fight for the safety and security they deserve. This guide will walk you through some of the common issues that come up when a student is injured in off-campus housing in West Virginia.

When is a Morgantown Landlord Liable for Accidents and Injuries?

This is usually the first and most important question after an injury in a rental house in Sunnyside or an apartment complex off campus. The answer depends on what caused the injury. A landlord isn’t automatically responsible for everything that happens on their property. West Virginia law sets out specific duties for landlords, and a case can only be made if they failed to meet one of those duties.

Unsafe Property Conditions

The most direct way a landlord can be held responsible is if you are hurt because of an unsafe condition on the property that the landlord knew about (or should have known about) and didn’t fix. This is a type of negligence.

Common unsafe conditions in student rentals include:

• Broken Stairs and Railings: In many older Morgantown houses, stairs can be steep and railings can be loose. A landlord has a duty to make sure these are safe for everyday use. If you reported a wobbly railing and the landlord ignored it, and then you fell and got hurt, they could be held responsible.
• Bad Lighting: Dark hallways, stairwells, or parking lots can make accidents much more likely. If a lack of proper lighting leads to a fall or another type of injury, the property owner may have failed in their duty to provide a safe space.
• Faulty Wiring or Appliances: Landlords are generally responsible for ensuring the electrical systems and any provided appliances (like a stove or heater) are in safe, working order.
• Slippery or Uneven Walkways: In the winter, property owners have a duty to take reasonable steps to clear ice and snow from sidewalks and entryways. A fall on an icy patch that should have been salted could be grounds for a claim.

To make a case based on an unsafe condition, we work to show that the landlord was negligent. This means proving that they knew about the danger, had a chance to fix it, and failed to do so, which directly led to your injury.

Assault or Break-In at Your Morgantown Apartment: When is the Landlord Liable?

This is where the law gets more specific. Many students and parents believe that if a crime happens at an apartment complex, the landlord is automatically to blame for not providing enough security. However, the general rule in West Virginia is often surprising to people.

The General Rule is Limited Duty for Criminal Acts

West Virginia courts have stated in the past that a landlord’s main duty is to protect tenants and their guests from willful or wanton injury by the landlord, not necessarily from the criminal acts of a total stranger. This principle means that if someone breaks in and hurts you, the law, in many cases, does not place the blame on the landlord for that person’s criminal behavior.

An Important Exception for “Foreseeable Harm”

This is the most important part for students to understand. While the general rule gives landlords some protection, that protection disappears if the harm was “foreseeable.” Foreseeable just means that the landlord knew, or should have known, that there was a high risk of something bad happening.

What Does Foreseeable Mean in Practice?

Imagine the main security door to your apartment building has a broken lock. You and other tenants have emailed the landlord about it for months. During that time, several apartments in the building have been burglarized because of the broken door. If the landlord still does nothing to fix the lock and an intruder later enters and injures you, a strong argument can be made that the harm was foreseeable. The landlord was repeatedly warned about a dangerous condition that made a future crime highly likely. In this situation, their failure to act could make them responsible.

This “foreseeable harm” exception is a key way we fight for students who have been hurt. We investigate to see if the landlord ignored warnings, complaints, or a clear pattern of danger.

Hurt by a Landlord’s Employee in Morgantown: When is the Landlord Liable?

There is also a situation where a landlord can be held responsible for the actions of their own employees. This is a legal idea called “negligent retention.”

Let’s say a maintenance person hired by your landlord has a known history of aggressive behavior or has had many complaints filed against them by other tenants. If your landlord knows about this but keeps them on staff, and that employee then injures you, the landlord could be held responsible for “negligently retaining” a dangerous employee. They had a duty to protect their tenants, and they failed by keeping a person on the job who they knew was a risk.

Know Your Rights and Stay Informed

While your off-campus landlord has duties, it’s also good to know what information your university is required to provide. To help students stay aware of safety issues, West Virginia law requires universities to report information about crimes that happen on campus. This law helps students make informed decisions about their safety.

While this doesn’t cover off-campus housing, it shows the importance that the state places on student safety. Knowing the safety record of the areas around your potential off-campus home is always a smart move.

Get Help From a Morgantown Lawyer Who Fights for Students

When you’re a college student, you are focused on your classes, your friends, and your future. The last thing you should have to deal with is a legal fight after being injured in what was supposed to be your safe home. Landlords and their insurance companies may try to tell you they are not responsible, counting on the fact that you may not know your rights.

At Desai Law, our team is here to stand up for you. We are passionate about protecting students and holding negligent property owners accountable. We can help you figure out what happened, gather the evidence needed, and fight to get you the help you need to pay for your medical bills and other losses.

If you or your child has been hurt in an off-campus apartment or house in Morgantown or the surrounding area, don’t try to handle it alone. Call our team for a free, confidential consultation. We can listen to your story and explain your options. To get in touch with us, please visit our contact page.