Hundreds of thousands of New Yorkers live in rental properties. A number of accidents occur in our own homes, often, because of hidden dangers and defects that lurk inside or outside these properties. Accidents can take place in private homes or rentals, in commercial buildings or on public property. These types of premises may be dangerous due to defective design, poor construction or inferior building materials or even due to lack of proper maintenance. Dangerous premises can lead to slip-and-fall or trip-and-fall accidents, building collapses, scalding or burn injuries from fires and explosions.
Responsibilities of Property Owners and Property Managers
The owner or manager of the property has a legal duty to anyone who enters the premises, whether it is a tenant, visitor or customer – to keep that individual free from unreasonable risk of injury due to a hazard that may be present on the premises. Property owners and property managers have control over the safety of the premises, while visitors or tenants do not. For example, if a property owner or property manager fails to maintain the water heaters in a building and it ends up scalding or burning a tenant, then, that person can be held liable for the injuries and damages caused. If you have been injured on someone else’s property such as a supermarket or a shopping mall, the business owner and/or manager can be held liable as well.
If you live in a rental unit or are a guest and have been injured in an accident on rental property, the party responsible for maintaining the area may be held accountable. Usually, the landlord is responsible for outside areas such as hallways, stairs entrances, walls, fixtures and appliances that come with the apartment. When a landlord knows of or should have known about a defect or hazard, but fails to fix it, he or she can be held financially responsible for the injuries and damages that occur as a result.
Steps You Can Take
If you or a loved one has been injured as the result of a dangerous or defective property, there are several steps you can take to ensure that your legal rights and best interests are protected:
• File a report to create a record of the incident. If you have suffered the injury in your rental unit, be sure to file a report with the apartment manager or property manager. If your accident occurred in a supermarket or mall, file a report with a supervisor or someone in charge. Be sure to obtain a signed copy of the report for your records.
• Take photographs of the location where the accident occurred. For example, if you tripped and fell on a flight of stairs because of a broken stair, take photographs of the defective stairs. If you slipped and fell on a spill at the supermarket, take a photograph of the spill before it is cleaned up. Visual images can greatly strengthen and lend validity to your personal injury claim.
• Make sure you get prompt medical attention and treatment for your injuries. This will not only ensure that you are on the road to recovery, but also helps document your injuries and the treatment you received for them.
• Obtain all evidence you can from the scene. For example, if there were surveillance cameras that captured your accident, make sure you get a copy of the footage before it gets lost or destroyed. Talk to people at the scene and get contact information for any eyewitnesses. Preserve all physical evidence from the scene such as torn or bloody clothing, or even any part of your clothing that was stained by the liquid.
• Save all receipts and invoices that show the expenses you incurred as a result of your injuries. Keep track of workdays lost as you were recovering from the injury.
• Do not post any details about your injury or the incident on your blog or social media sites. Don’t post images either.
• Immediately contact an experienced New York premises liability lawyer who will fight for your rights and ensure that you are fairly and fully compensated for all your losses.
Compensation for Injured Victims
If you have been injured as the result of a dangerous or defective property, you can seek compensation from the at-fault parties for damages including, but not limited to, medical expenses, lost wages and benefits, hospitalization, rehabilitation, permanent injury, disability, past and future pain and suffering, etc. If you have lost a loved one, you can seek compensation by filing a wrongful death claim as well.
A victim injured by a dangerous or defective condition on a property or the family of a deceased victim will find it in their best interest to consult the experienced New York personal injury attorneys with the Law Offices of Kenneth A. Wilhelm. For over 43 years, our skilled accident attorneys have a proven track record of helping injured victims better understand their legal rights and options and securing fair compensation for their losses. Our law firm recovered $1,700,000 for a woman who slipped and fell and received no hospital or medical treatment for one month after the accident.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury cases in New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other TOLL FREE phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
Please visit our website: www.WORK4YOULAW.com
If you found this article useful, please share it!