You’re hanging out in your rented apartment when suddenly, a loose floorboard causes you to trip and fall, resulting in a painful injury. As you lie there wondering what to do next, a crucial question arises: Can your landlord be held responsible for your injuries? This leads to another question: Do you need a New York premises liability lawyer?
Understanding landlord liability in New York is essential for tenants and property owners alike. In this guide, Ross & Hill will explain when a NYC premises liability lawyer may be able to help you hold a landlord accountable for injuries sustained on rental property.
What To Know About Premises Liability in New York Rental Properties
Over two-thirds of New York City housing units are rented, according to Value Penguin, and, unfortunately, you can’t predict when a landlord will be negligent. Premises liability holds property owners responsible for maintaining safe conditions on their property.
In New York, landlords have a duty to keep their rental properties reasonably safe for tenants and visitors. This responsibility extends to common areas such as hallways, stairwells, and elevators, as well as individual apartment units.
However, not every injury that occurs on a rental property automatically makes the landlord liable. To establish landlord liability, you must prove several key elements:
- The landlord had a duty of care to maintain safe conditions.
- The landlord breached this duty through negligence.
- The breach directly caused your injury.
- You suffered damages as a result of the injury.
A New York premises liability lawyer can help you navigate these complex legal requirements and build a strong case if you’ve been injured by landlord negligence.
Common Scenarios Where Landlords May Be Liable for Tenant Injuries
Landlords in New York must comply with various building codes and safety regulations. Failure to meet these standards can result in liability for tenant injuries. Let’s explore some common scenarios where a property owner might be held responsible:
Structural Defects
Structural issues pose significant risks to tenants. Collapsing ceilings, broken stairs, or faulty railings can lead to severe injuries. For example, a ceiling that collapses from water damage due to a leaky roof can cause head injuries or crush belongings.
Broken stairs or loose railings on staircases can result in falls, potentially causing fractures or spinal injuries. Landlords have a responsibility to regularly inspect and maintain the structural integrity of their buildings to prevent such hazards.
Inadequate Security Measures
In areas with higher crime rates, landlords have a duty to provide adequate security measures. This includes maintaining functional locks on doors and windows, ensuring proper lighting in common areas and entryways, and, in some cases, providing security personnel.
For instance, if a tenant is assaulted in a poorly lit parking lot that the landlord knew was prone to criminal activity, the landlord could be held liable for not taking reasonable precautions to protect tenants.
Slip-and-Fall Hazards
Slip-and-fall accidents are among the common causes of injuries in rental properties. These can be due to wet floors in lobbies or hallways, icy walkways during winter, or uneven surfaces like cracked sidewalks or loose floorboards.
According to the New York State Department of Health, falls are the leading cause of injury-related hospitalizations and emergency department visits among adults aged 65 and older in New York State. Landlords must promptly address these hazards to prevent injuries.
Fire Safety Violations
Fire safety is crucial in multi-unit dwellings. Non-functioning smoke detectors, blocked fire escapes, or inadequate fire extinguishers can lead to devastating consequences in the event of a fire.
According to the New York Fire Department, 74 structural fires for every 1,000 were serious in just the first four months of 2022. This shows that while not all fires lead to disaster or injury, enough do to cause concern. Landlords must ensure that all fire safety equipment is functioning correctly and that escape routes are clear and accessible.
Toxic Exposure
Exposure to toxic substances in rental properties can lead to severe health issues. Common toxins include lead paint in older buildings, asbestos in insulation or floor tiles, and mold growth in damp areas.
The New York City Department of Health and Mental Hygiene reported that in 2019, there were over 3,000 cases of children under six years old with blood lead levels of 5 μg/dL or greater, many of which were attributed to lead paint exposure in older housing. Landlords must take proactive measures to identify and remediate these hazards to protect tenants’ health.
Steps To Take If You’re Injured on Rental Property
If you’ve been injured on rental property because of landlord negligence, the following steps can help protect your rights and strengthen your potential claim. While meeting with an attorney can be an important part of the process, you must take a few other steps first:
- Seek immediate medical attention for your injuries.
- Document the hazardous condition with photos and videos.
- Report the incident to your landlord in writing.
- Gather contact information from any witnesses.
- Keep records of all medical treatments and expenses related to the injury.
- Consult with a New York City premises liability lawyer to discuss your options.
Remember, New York has a statute of limitations for personal injury claims. According to the New York State Unified Court System, you generally have three years from the date of the injury to file a lawsuit against a landlord for negligence.
Contact Ross & Hill When You Need a Brooklyn Premises Liability Lawyer
Understanding when a landlord can be held liable for injuries on rental property in New York is crucial for protecting your rights as a tenant. At Ross & Hill, we have extensive experience helping injured tenants navigate the complex world of premises liability law. If you’ve been hurt due to landlord negligence, our team of personal injury lawyers can help you navigate the claims process and pursue compensation.
Don’t let a negligent property owner off the hook for your injuries. Contact us at Ross & Hill today at 718-855-2324 to speak with a dedicated New York premises liability lawyer who can guide you through the legal process and fight for your rights.
FAQ
What Is the Statute of Limitations To File a Premises Liability Claim in New York?
The statute of limitations for premises liability claims in New York is three years from the date of your injury. However, certain circumstances may alter this timeframe, so it’s wise to consult with a lawyer as soon as possible after an injury occurs.
Can I Sue My Landlord If I Slip and Fall on Ice Outside My Apartment Building?
You may be able to sue your landlord if they failed to remove ice within a reasonable timeframe after a storm. New York law requires property owners to clear snow and ice from sidewalks and walkways within a certain period after precipitation ends.
What Damages Can I Recover in a Premises Liability Lawsuit Against My Landlord?
In a successful premises liability lawsuit, you may be able to recover damages for medical expenses, lost wages, pain and suffering, and other related costs. The specific amount will depend on the severity of your injuries and the circumstances of your case.
How Can I Prove That My Landlord Knew About the Hazardous Condition That Caused My Injury?
You can prove your landlord’s knowledge of a hazard through maintenance requests, complaints from other tenants, or evidence of long-standing issues. A New York premises liability lawyer can help you effectively gather and present this evidence in your case.