You expect your home to be a safe haven, but unfortunately, that’s not always the case. What if you take a tumble in your apartment building due to unsafe conditions? Can you work with a slip-and-fall attorney in New York to sue the landlord?
This guide explains a landlord’s legal responsibilities under New York law, what to do if you become injured due to their negligence, and how a slip-and-fall lawyer in New York may be able to help you.
Potential Slip-and-Fall Injuries New Yorkers May Sustain
Unsafe building conditions may cause renters and guests to fall and sustain any of the following injuries:
- Huesos rotos
- Sprained limbs
- Conmociones cerebrales
- Bruises
- Spinal injuries
The nature and severity of an injury may affect the value and viability of a legal claim. For example, someone with a serious head injury may endure more financial losses than someone who only sustains a few bruises. It is important to seek medical attention promptly after an accident, both for your health and to document any injuries.
Tenant vs. Landlord Responsibility: What New York Law Says
Many premises liability claims center around a landlord’s negligence. However, if you slip and fall inside your apartment building, the landlord isn’t automatically liable. Tenants are largely responsible for keeping their controlled area safe, while the landlord’s responsibility often lies in common areas like stairwells and walkways.
For example, suppose you spill a drink on the floor inside your apartment and slip on the surface when you try to clean it up. Landlord negligence typically wouldn’t apply in a situation like this, though it might be prevalent if you trip on a wet hallway where there’s a leaking pipe the landlord has yet to fix.
Under New York premises liability law, property owners must maintain their property in a reasonably safe condition for occupants and foreseeable visitors.
Apartment Accidents That May Lead to Premises Liability Claims
Should you meet with a personal injury attorney in New York after a slip and fall in an apartment? Tenants and visiting guests may have grounds to sue the property owner if they become hurt due to the landlord’s negligence. Situations that may highlight the owner’s negligence include:
- Poor lighting: Insufficient lighting in an apartment’s common areas may lead someone to trip over objects and sustain injuries.
- Snow and ice-covered surfaces: During winter, anyone could fall on a slippery apartment entryway, which the landlord is responsible for clearing within a reasonable timeframe.
- Unsafe structures: Someone could fall and hurt themselves while navigating broken stairs or uneven flooring.
Before you meet with a slip-and-fall lawyer in New York, think about whether the landlord knew of the hazard or should have known. Take snow removal, for example. Property owners should be aware of accumulating snow or ice and act within a reasonable timeframe to minimize safety hazards.
What if a floorboard breaks in the building’s hallway? While landlords may have inspection duties, providing notice of hazardous conditions can help establish that the owner was aware of the defect. If the owner learns of the risks but doesn’t take steps to prevent harm, they may be liable for related injuries. In most cases, a landlord is liable only if they created the dangerous condition or had actual or constructive notice of it and failed to correct it within a reasonable time.
How a Personal Injury Attorney in New York Can Help You
Falls account for 35% of all preventable, non-fatal injuries in the U.S., according to the National Safety Council. If your injury is due to someone else’s negligence, consult a qualified slip-and-fall lawyer in New York.
A slip-and-fall attorney can review your negligence claim and determine whether you have grounds to sue. Suing your landlord for a hazard inside your living space, such as tripping over clutter inside your apartment, might not be an option. However, you may be able to file a claim if your injury stems from a broken staircase in the building that the landlord has neglected to fix.
Lawyers also review your losses so they can advocate for the appropriate compensation. Perhaps your injury leads to $20,000 in medical bills and two weeks’ worth of missed work. Your attorney could argue for a settlement that includes your medical bills and lost wages, as well as compensation for your pain and suffering.
What if settlement negotiations with the landlord don’t lead to a resolution? Legal counsel can move forward by filing a lawsuit on your behalf. Negotiations may continue up until the case is set for trial.
Contact an Experienced Slip-and-Fall Lawyer in Queens, NY
Can you take legal action against your landlord when an accident occurs in your apartment building? Reach out to Elliot Ifraimoff & Associates, PC for personalized assistance. Meet with a knowledgeable slip-and-fall lawyer in Queens, NY, to discuss your injury and the criteria for proving negligence in a slip-and-fall case.
Our legal team consists of nine experienced attorneys, all of whom are dedicated to advocating for injured plaintiffs. See how we may be able to help you hold a negligent property owner accountable. Call (718) 205-1010 or submit our online form to schedule a free consultation.
Preguntas frecuentes
Do you have unanswered questions about slip-and-fall accident claims? Want to learn more about the legal process? Our attorneys share more insights below.
How Long Do I Have To File a Complaint Against My Landlord?
In most cases, you have three years from the date of the accident to file a premises liability lawsuit. However, shorter deadlines may apply if the property is owned by a municipality or public housing authority.
How Much Could My Case Be Worth?
The average jury reward in a premises liability case is $811,769, according to the Insurance Information Institute. Your claim may not be worth that much, depending on the unique circumstances. Our goal is compensation recovery for every client, but outcomes vary.
Will My Case Go to Trial?
It’s possible. Many personal injury cases resolve through settlement, though some proceed to trial if the parties cannot reach an agreement.. Negotiations may be ongoing until a trial is set to begin in an effort to settle the claim outside of court.
When Should I Contact a Slip-and-Fall Attorney?
Contact a slip-and-fall lawyer in New York after you receive medical treatment for your injuries. Prompt action could allow your case to be resolved sooner.
Este artículo tiene fines meramente informativos y no constituye asesoramiento jurídico.