Earthquake Preparedness v. Negligence: Holding Landlords Accountable for Unsafe Buildings

California is among the most earthquake-prone regions in the United States. With hundreds of active faults crisscrossing the state, the risk to life and property from an earthquake is significantly high. This is precisely why preparedness is crucial to minimize damage and loss when an earthquake hits. Unfortunately, negligence in maintaining structurally sound buildings can turn a disaster into a catastrophe.

Landlords in California have a responsibility to ensure tenant safety by complying with building safety regulations that are in place to keep tenants safe.

What Are a Landlord’s Responsibilities?

California property owners have a legal responsibility to ensure their tenants’ safety regarding earthquake preparedness. Here are some primary responsibilities landlords are expected to uphold to minimize the risk of serious damage and loss during seismic events.

Structural Safety and Building Compliance

Landlords in California must ensure that their buildings comply with California’s earthquake safety codes and regulations outlined in the California Building Standards Code (Title 24). This includes:

• Retrofitting older buildings to meet earthquake safety standards.
• Conducting regular structural inspections to evaluate vulnerabilities and address any deficiencies in walls, roofs, or support beams.
• California law mandates that heavy fixtures such as water heaters, gas lines, and large furniture be secured to prevent falling hazards.
• Using flexible utility connections for gas and water lines to reduce the risk of leaks and fires during an earthquake.
• Providing earthquake-resistant building designs for new construction, incorporating flexible materials and base isolators to withstand tremors.

Emergency Planning and Preparedness

Landlords must take proactive steps to prepare for emergencies by developing a comprehensive earthquake response plan, which includes:

• Marked emergency exits and evacuation routes for tenants.
• Emergency lighting in stairwells and hallways should be installed to ensure visibility during power outages.
• Providing accessible fire extinguishers and first aid kits in common areas.
• Creating a response protocol includes designated meeting points, emergency contact numbers, and available shelter areas.
• Educating tenants on how to shut off gas, water, and electricity in an emergency.

Tenant Communication and Education

Effective communication with tenants is also key to earthquake preparedness. As California law requires, landlords should inform tenants about earthquake safety measures via written notices, emails, or meetings. Tenants should also receive educational materials or workshops on earthquake preparedness, including instructions on securing furniture and assembling emergency kits.

In addition, landlords should outline emergency procedures in the lease agreement and provide contact information for local emergency services, including the California Office of Emergency Services (Cal OES).

Insurance and Financial Responsibilities

Landlords must also consider financial preparedness to protect their property and tenants. One crucial step is to obtain earthquake insurance for the property to cover damages and losses caused by seismic activity, as recommended by the California Earthquake Authority (CEA).

Informing tenants about the availability of renter’s insurance to protect personal belongings from earthquake-related damages can also be extremely helpful. Landlords would be well advised to set aside emergency repair funds to address post-earthquake damages and minimize tenant displacement quickly.

The steps that landlords take after an earthquake are also important. After seismic activity, it is crucial to thoroughly inspect the building’s structure and utilities and address dangerous conditions such as gas leaks, water damage, and electrical issues. They should also comply with local government directives, including safety inspections and mandatory repairs.

Laws and Tenant Rights in California

Many California regions at high risk for seismic activity have enacted strict building codes and landlord obligations. For example, cities such as Los Angeles and San Francisco require retrofitting of “soft story buildings,” which are multi-story buildings with a weak or flexible ground floor that can be vulnerable to collapse during an earthquake. Retrofitting is also required under California law for unreinforced masonry structures.

Renters have the right to safe housing, and landlords who fail to meet these safety standards may face legal consequences. If a landlord’s negligence results in injuries or fatalities during an earthquake, landlords can be held civilly liable and, in some scenarios, even criminally liable.

In many cases, our personal injury lawyers have seen landlords try to evade their legal responsibilities by delaying retrofitting projects or ignoring safety concerns altogether.

However, the legal system provides avenues for tenants to hold them accountable. Renters can report safety violations to housing authorities and seek legal action if necessary.

Lawsuits against negligent landlords have set precedents reinforcing the importance of compliance with earthquake preparedness regulations.

What Amounts to Landlord Negligence in These Cases?

Negligence occurs when a landlord fails to take reasonable steps to ensure tenant safety, especially in earthquake-prone areas like California. Given the known risks of seismic activity, landlords have a legal duty to maintain their properties to minimize the dangers of structural failure.

Here are a few telltale signs that your landlord may have been negligent about earthquake preparedness:

They Failed to Comply with Mandatory Retrofitting Laws

Many California cities, including Los Angeles, have enacted seismic retrofit laws requiring landlords to strengthen vulnerable buildings, particularly older soft-story structures. If a landlord fails to comply with these regulations, does not obtain necessary permits, or ignores retrofit deadlines, this can be considered negligence.

They Ignored Known Structural Issues

Landlords are responsible for maintaining their buildings in habitable condition. If an inspection reveals a building with serious structural weaknesses, such as unstable foundations, weak walls, or outdated materials, the landlord must take corrective action.

Failing to address these deficiencies—even if retrofitting is not legally required—could constitute negligence, especially if a collapse or injury occurs during an earthquake.

They Failed to Provide Proper Inspection and/or Maintenance

Routine inspections and maintenance are critical in earthquake preparedness. Negligence can include:

• Ignoring signs of structural weakness, such as large cracks in walls or foundations.
• Failing to repair old or deteriorating support structures.
• Neglecting to secure heavy fixtures, pipes or other items that could pose hazards during an earthquake.

They Failed to Inform or Protect Tenants

California law requires landlords to provide tenants with a “seismic hazard disclosure” if their property is in an earthquake-prone area. Additionally, landlords should communicate any known structural risks or upcoming safety upgrades. Failure to inform tenants about these critical issues or withholding important information about building safety could be considered negligence.

They Failed to Provide Emergency Preparedness Measures

While landlords are not legally required to provide earthquake emergency kits, they must ensure that essential safety features, such as fire escapes, emergency exits, and accessible evacuation routes, are adequately maintained. The landlord may be liable if tenants are injured due to blocked exits or faulty emergency systems during an earthquake. Such proactive actions can be critical in helping prevent injuries and deaths in an earthquake.

Types of Damages Tenants May Suffer Due to Landlord Negligence

When a landlord fails to retrofit a building or address known earthquake-related risks properly, tenants can suffer severe damages in the event of an earthquake.

Injuries and deaths: Negligence in earthquake preparedness can lead to life-threatening injuries, including crush injuries from collapsing walls, roofs, and ceilings; head injuries due to falling debris; broken bones or lacerations from collapsing structures or shattering windows; and smoke inhalation or burn injuries in the event of gas leaks and fires. In many cases, such occurrences can also cause fatal injuries.

 Property damage and loss: A poorly retrofitted building is more likely to sustain major damage, leading to the destruction of personal belongings, including furniture, electronics, and other valuables. Tenants may lose their cars and other vehicles if parking structures collapse. Rental units may also become damaged, making them uninhabitable and forcing tenants to find other living places.

Financial hardship: Earthquake damage can result in significant financial burdens, including the cost of temporary housing, loss of security deposits, and medical expenses if injuries were sustained during the earthquake. Such injuries and displacement could also lead to loss of income for many, which could prove financially devastating.

Emotional and psychological trauma: Beyond physical and financial damage, tenants may also suffer long-term emotional trauma, such as post-traumatic stress disorder or PTSD, anxiety, and fear about returning to unsafe housing conditions or losing their neighbors and communities, significantly if they are permanently displaced.

How Can a Personal Injury Lawyer Help You?

If a landlord’s negligence in earthquake preparedness leads to injuries, property loss, or financial hardship, an experienced personal injury lawyer can help you recover damages for your losses. Here are ways in which experienced California personal injury lawyers can assist you in holding your landlord accountable and securing maximum compensation for the losses you have suffered.

Investigating Negligence

Our lawyers will gather evidence that shows the landlord’s failure to retrofit the building or maintain it properly contributed to your damages. This may include reviewing local laws to determine whether your landlord violated building codes or earthquake safety regulations.

Investigations may also include utilizing experts to inspect the building’s condition and obtaining city records showing if the landlord was previously cited for non-compliance. Expert testimony from building safety experts and engineers can be extremely valuable in determining whether proper retrofitting could have prevented or minimized injuries and damages.

Establishing Liability

To win such an injury claim, plaintiffs must show that their landlord was liable for their injuries and losses. This involves showing that the landlord had a “duty of care” to maintain a safe property, did not follow earthquake safety requirements, including preparedness, and that this breach caused the plaintiff’s injuries and damages.

Calculating Damages

The value or worth of your claim will likely depend on the nature and extent of your sustained damages. For example, suppose you suffered a catastrophic injury, such as a limb amputation, that has left you disabled and unable to return to your prior job. In that case, you may be able to receive much more compensation than if you had suffered relatively minor injuries and some property damage. An experienced personal injury lawyer will be able to calculate your damages by considering the full extent of your losses. Some damages may include:

• Medical expenses include emergency treatment, hospitalization, surgery, physical therapy, rehabilitation, etc.
• Lost income as a result of your injuries and/or displacement.
• Lost future income if you have lost a loved one or if you are unable to return to work due to a catastrophic injury.
• Property damage may include loss of personal belongings, valuables, vehicles, etc.
• Pain and suffering, including the physical pain and emotional trauma caused.
• Relocation costs if your building is uninhabitable.

If you have lost a loved one, you may be able to file a wrongful death lawsuit against a negligent landlord seeking compensation for damages, including medical expenses incurred by the decedent, lost future income, and loss of love, care, and companionship.

Dealing with Insurance Companies

Many landlords carry insurance policies that may cover tenant injuries and/or property loss. Your personal injury lawyer will be able to handle negotiations with insurance companies to make sure you receive just compensation. They will also be able to challenge lowball settlements, which insurers often offer to minimize payouts. Your attorney can also file a lawsuit if the insurance company refuses to pay what you rightfully deserve. Do not accept a settlement without consulting your attorney.

Filing a Lawsuit Against a Negligent Landlord

If you have suffered injuries or damages in an earthquake and suspect that your landlord was negligent. In that case, you must seek the counsel of an experienced California personal injury lawyer with the knowledge and track record to give you the best possible results and outcome.

These types of cases can be pretty complex. As seen in this article, it takes extensive investigations, access to experts who can interpret the evidence, and the firepower that a reputed law firm can bring to tell your story, present critical evidence, and help you receive justice and fair compensation for all your losses.