Injured at Your Apartment? A Major New Tennessee Ruling Makes it Easier to Hold Landlords Responsible

When you live in an apartment complex, you expect the sidewalks, stairs, and common areas to be well-maintained. Whether you are carrying groceries, walking your dog, or just heading to your car, you shouldn’t have to worry about hidden dangers.

Unfortunately, accidents happen every day. People trip on uneven concrete, fall on broken stairs, or slip on poorly maintained walkways.

If you’ve been hurt, a major new case from the Tennessee Supreme Court (decided in January 2025) has changed the game. The case is called Trentham v. Mid-America Apartments, and it is a win for anyone injured by a landlord’s neglect.

The Biggest Hurdle: Did the Landlord “Know”?

In a Tennessee injury case, the most common question a judge asks is: Did the landlord have “notice” of the danger?

In the past, landlords often won cases by saying, “We didn’t know that specific danger existed at that exact moment, so we aren’t responsible.”

For example:

• The “I didn’t see it” defense: “We didn’t know the stair was loose that morning.”
• The “It just happened” defense: “We didn’t know that specific patch of moss was slippery today.”

The Trentham case changes this. It makes it much harder for landlords to claim they “didn’t know” about a problem if that problem was part of a regular, ongoing maintenance failure.

What Happened in Trentham v. Mid-America?

Mr. Trentham was a tenant who was seriously injured after falling on a wooden bridge at his apartment complex. The bridge was covered in a “slimy” algae growth that became slick when it rained.

The apartment complex tried to argue that they didn’t have notice of the specific slippery spot. However, the Tennessee Supreme Court ruled against them.

The Court said that because the landlord knew that wooden bridges in Tennessee get slimy and dangerous over time, they had a “continuing duty” to fix it. Because they didn’t follow through with regular cleaning (like pressure washing), they were held responsible for the injury.

How This Case Helps You (Beyond Just Slipping)

While the Trentham case involved a slip, the rule it created applies to many different types of apartment injuries. This “General or Continuing Condition” rule can help if you were injured by:

• Tripping Hazards: If a landlord knows that tree roots constantly push up the sidewalk or that a specific carpet in the hallway keeps bunching up, they can’t wait until after you trip to fix it.
• Stairwell Dangers: If lightbulbs are constantly burnt out in a dark stairwell, the stairs are in horrible condition, or if handrails are known to wobble, the landlord has a duty to manage that ongoing problem.
• Structural Issues: If a balcony railing is rusting through or a floorboard is rotting, the landlord cannot claim “ignorance” if it’s a problem that develops over time.
• Weather Problems: If a certain area of the complex always floods or turns into a sheet of ice because of a broken gutter, that is a “continuing condition.”

Why This is a “Game Changer” for Your Case

The Supreme Court’s ruling means that if you are hurt at an apartment, you don’t necessarily have to prove the landlord saw the exact defect five minutes before you fell.

Instead, your legal team can now focus on the big picture:

1. Was this a problem that happens regularly?
2. Was this a danger that the landlord should have expected?
3. Did the landlord fail to have a solid plan to fix these types of problems?

The Bottom Line: Landlords in Tennessee can no longer “look the other way” and pretend they didn’t see a hazard. If it’s a recurring issue, they are on the hook.

What Should You Do if You Are Hurt at an Apartment?

If you trip, fall, or are otherwise injured on apartment property, here is how you can use this new ruling to your advantage:

• Take Photos: Document not just the spot where you fell, but the surrounding area to show if it looks unmaintained.
• Report it Immediately: Make sure there is a written record of what happened.
• Ask About Maintenance Records: (Your lawyer will do this!) Under the new Trentham rule, seeing if the landlord actually followed their own cleaning or repair schedule is more important than ever.

If you were injured at an apartment complex in Tennessee, this new Supreme Court ruling could significantly strengthen your case. Landlords can no longer hide behind the excuse that they “didn’t know” about dangerous conditions that develop over time.

An experienced premises liability lawyer can review what happened, investigate maintenance records, and determine whether the landlord failed in their legal duty to keep the property safe. Before you speak with the insurance company or accept a quick settlement, contact us today.