In premises liability cases, you typically must prove that a dangerous condition existed, that the property owner or manager knew or should have known of this condition, and that they failed to address it in a reasonable amount of time. Proving these elements can be challenging, but if you can identify an existing building code violation, you may be able to use this as leverage in your case. A premises liability lawyer can examine whether the building had any pre-existing violations and if they were addressed.
Below, our premises liability accident lawyers in New York from Ross & Hill explain how building code violations may strengthen injury claims. Learn about common violations and legal strategies below.
Common Types of New York Building Code Violations
Building codes are not suggestions; they are legally enforceable safety standards designed to protect occupants and visitors. The New York State Division of Building Standards and Codes develops and updates the Uniform Fire Prevention and Building Code, which sets minimum safety standards for construction, fire protection, and property maintenance across the state. Local governments enforce these rules through inspections and violation notices, and documented noncompliance can become important evidence in a premises liability case.
Here are just a few examples of common New York building code violations:
- Inadequate lighting: The state sets minimum illumination requirements for lighting, especially in critical areas like stairwells, hallways, parking lots, and entrances. Inadequate lighting can create unsafe conditions, potentially leading to slip-and-fall or trip-and-fall hazards.
- Unpermitted work: Renovations or repairs performed without the required permits have essentially bypassed the safety inspections designed to ensure compliance with building codes. If unapproved or substandard work causes an injury, the lack of permits can help show negligence.
- Fire safety code violations: These infractions can place occupants at significant risk during emergencies. The leading fire safety violations from 2019 involved obstructed emergency exit pathways, improperly used extension cords, improper fire pump storage, missing fire extinguishers, and faulty smoke detectors. A premises liability lawyer can examine whether these types of violations contributed to your accident.
- Negligent property maintenance: Failure to address issues like deteriorating stairs, broken flooring, leaks, or structural damage can violate property maintenance requirements under state and local codes. Occupants can trip over broken stairs, slip on water from a leak, and more.
- Faulty appliances: Appliances and building systems must be properly installed and maintained in accordance with New York’s safety regulations. Malfunctioning equipment could cause burns, gas leaks, electrical shocks, or other injuries that may support a claim.
- Defective handrails: Building codes set specific standards for handrail height, strength, and placement on stairs and ramps. A loose, missing, or improperly secured handrail could cause someone to fall. A previous citation of this violation provides clear evidence of the unsafe conditions.
Buildings with more units typically face increased violation risks. According to NYC data, properties with over 100 units in Manhattan average 7.5 new infractions per building, per year, while those with just 1 to 25 units average 4.2 new infractions per building, per year.
Understanding Property Owner Liability When Violations Occur
When a property owner is issued a notice of a building code violation, they are legally obligated to correct the issue within the timeframe specified by the enforcing authority. A violation is not merely a warning; it is a formal notice that a dangerous or noncompliant condition exists. Once notified, the owner can no longer reasonably claim they were unaware of the hazard.
Failing to remedy a cited condition may significantly increase the owner’s liability if someone is injured. Courts often view ignored or repeated violations as evidence that the owner had actual knowledge of the danger and failed to take appropriate corrective action. In some cases, continued noncompliance can result in fines, stop-work orders, or additional enforcement actions, further documenting the owner’s inaction.
If an injury occurs after a violation was issued but before it was fixed, you can often cite hard evidence displaying the timeline. It may be important to note that in some situations, the property owner may simply be responsible for barring off the dangerous area as they await repairs. If this area was not marked off when your accident occurred, you may have a case for negligence.
How a Documented Building Code Violation May Strengthen an Injury Claim
When an injury occurs without any prior documented violations, much of the case can depend on things like witness statements, maintenance records, and camera footage (if available), leading to arguments about whether the owner had sufficient notice of the hazard. Property owners may defend claims by saying that they were unaware of the condition or that it developed too recently for them to reasonably fix it. A premises liability lawyer may be able to refute these arguments, but it depends on available evidence.
By contrast, a documented building code violation creates an official paper trail. Inspection reports, citations, and correction deadlines can objectively establish that a safety issue existed and required action. Rather than debating whether the owner knew of the condition, the focus may shift to why it remained uncorrected.
Steps To Take if You’re Injured on Someone’s Property
If you are hurt on someone else’s property, the actions you take immediately afterward can affect your health and your ability to pursue compensation. Taking prompt, well-documented measures can help you preserve evidence and protect your legal rights. Here are a few recommendations:
- Seek medical attention right away.
- Report the incident to the property owner or manager.
- Document the scene with photos or videos.
- Collect witness information if possible.
- Preserve evidence, like your clothing.
- Follow all recommendations from your medical providers and maintain any related documentation.
- Consider consulting an attorney.
Do You Need To Meet With a Premises Liability Accident Lawyer in New York?
The above only captures a few recommendations briefly. Next, learn more about the steps to take after a slip-and-fall accident so you’re better prepared to protect your rights.
If you’ve been involved in an accident on someone’s property and need to speak with a premises liability lawyer, consider scheduling a consultation with Ross & Hill. We can evaluate your case to help you determine your potential options. Call us at (646) 351-6222 to learn more.
FAQs Answered by a Premises Liability Attorney in New York
If you still have questions about premises liability cases and building code violations, find clear answers below.
What Elements Are Required To Prove Negligence in a Premises Liability Accident?
Proving negligence in a premises liability accident requires you to establish that the owner or manager failed to remove or address a hazardous condition in a timely manner. You need to establish the liable party’s legal duty of care and how their failure to meet that duty directly caused your accident and damages.
Can You Still Pursue an Injury Lawsuit if You Were Trespassing?
You can potentially still pursue an injury lawsuit if you were trespassing, but this comes with some caveats. For example, if the property owner knows about a hazard in an area that people frequently trespass in and does not warn them of it, they may be held accountable. New York law observes numerous exceptions like this, so it may be helpful to seek legal representation so you can discuss your specific case details.
How Common Are Slip-and-Fall Accidents?
Slip-and-fall accidents are statistically common, with over 8.8 million people visiting emergency rooms in 2023 for fall-related injuries. If you suffer a fall from unsafe conditions on someone’s property, consider consulting a premises liability lawyer.
