If you are a renter in New York City, you may be among the many who struggle to get basic services from their property owner or manager. Often times, property owners refuse to repair and maintain their properties, which is without a doubt, their responsibility. Landlords (building owners) who act in this manner display a callous disregard for the safety and well being of not just their tenants, but also those who visit these properties.
When a tenant, guest or visitor gets injured in a slip-and-fall or trip-and-fall accident, the property owner’s or property manager’s inattention and negligence (carelessness) with regard to fixing and/or maintaining the property may become a source of liability. In New York, a property owner has a responsibility to exercise reasonable care so visitors to their property do not face an unreasonable risk of injury or harm. When a landlord (building owner) violates this legal obligation and ends up causing someone’s injuries, they can be held liable for negligence (carelessness) under New York’s premises liability laws.
Factors That Determine Landlord’s (building owner’s) Liability
There are a number of factors that may determine whether or not a property owner can be held liable in a slip-and-fall or trip-and-fall accident. Here are some important questions to be asked in such cases:
Was the building owner aware of the hazard? When you are injured in a slip-and-fall or trip-and-fall accident on someone else’s property, it is important to determine whether the landlord (building owner) knew or should have known about the problem. Almost always, the answer is “yes.” When a landlord (building owner) knows about a danger on his or her property but doesn’t take the necessary steps to fix the problem, he or she can be held liable for the injuries, damages and losses caused.
For plaintiffs (injured party), this is an important issue to get into when it comes to proving negligence (carelessness) on the part of the landlord (building owner). Therefore, it is important to obtain evidence that shows the landlord (building owner) knew or should have known about the hazard on the property. Such evidence may be written or oral complaints that the building owner received about a hazard such as a broken stair or inadequate lighting. If others have complained about the same issue or have filed written complaints about the hazard that caused your accident, that is important evidence that shows the landlord (building owner) had notice of the problem, but did not take the necessary action. Your New York slip-and-fall lawyer can help you obtain such crucial evidence.
How likely is the hazard to cause an injury? It is important to note that when a hazard is more likely to cause injury, the more unreasonable or unacceptable it is for the landlord (building owner) to ignore it. Examples of such hazardous conditions include broken steps or hand rails; damaged or broken tiles; carpeting that is frayed or riddled with holes; debris on stairways and walkways; and areas of the premises that don’t have proper lighting.
Did the landlord (building owner) create the hazard? When a building owner was responsible for creating the hazard, then he or she can be held liable for injuries and damages caused. For example, if a property owner dumps debris in a walkway and that caused a trip-and-fall accident, they may be held liable for the victim’s injuries.
Contacting an Experienced Lawyer
If you were involved in a slip-and-fall or a trip-and-fall accident as a result of someone else’s negligence (carelessness), please remember that you have rights. Some of the damages that victims of such accidents can claim include, but are not limited to, medical expenses, loss of wages and benefits, cost of hospitalization, surgery, physical therapy, past and future pain and suffering, permanent injury, etc.
The experienced New York personal injury attorneys with the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options and also fight hard to recover just compensation for you. For over 50 years, our skilled attorneys have established a proven track record of helping injured victims.
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. Our law firm recently recovered $5,600,000 for a bicyclist who was hit by a van, and $2,550,000 for another victim of a truck accident, and $3,000,000 for a pedestrian who was hit by a car, and $2,000,000 in a hit-and-run accident, and the full $1,000,000 insurance policy for a pedestrian who was hit by a truck, and $4,625,000 for a driver who was in a car and was hit by a van, and $2,500,000 for a man who fell through an improperly secured hole. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
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, lead poisoning and medical malpractice cases in New York, 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.
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