Can You Sue if You Are Injured in an Apartment In New York?

When you are renting an apartment, you sign a contract that guarantees your right to live in a space that is safe and free of hazards. Under the terms of your contact, your landlord is responsible for maintaining the apartment building and repairing maintenance problems as quickly as possible. When a landlord fails to uphold their end of your rental agreement, they place your health and even your life at risk. 

If your landlord’s negligence caused you harm, you may have legal grounds to sue after an apartment injury. With the help of the skilled New York premises liability attorneys at Finz & Finz P.C., you will have the best possible chances of seeking justice and the compensation you deserve. Take action on your premises liability case today by contacting Finz & Finz P.C. at 855-TOP-FIRM for a free case evaluation.

Understanding Premises Liability

When you enter a property, you have a right to expect that this location is reasonably safe, and you are not in imminent danger. However, careless or negligent management can create countless problems and hazardous situations that may cause you serious harm. If you are injured on another person’s property or even in your own apartment, you should not have to pay the price for another person’s careless behavior.

Premises liability laws in New York can help protect you and your loved ones after an injury in an apartment. Under these laws, landlords and apartment managers may be liable if their negligent actions caused your injury. 

Premises liability claims typically rely on three types of evidence to hold landlords responsible for your injuries:

1. Lawful entrance: you were legally allowed to be in the apartment as a renter, visitor, or contracted worker. Premises liability laws do not provide any protection for trespassing.
2. Demonstrated negligence: the landlord or apartment owner knew about the danger or should have known about the danger. The landlord did not take reasonable steps to make repairs or warn you about the problem.
3. Direct harm from negligence: your injuries are a result of the apartment owner’s negligence.

To create a successful case after your injury, you will need to gather all of the records and testimony possible need to prove these three elements of your claim. Your premises liability lawyer will help you gather and organize this evidence, so you have the best chances of recovering a fair settlement for an injury in your apartment.

Landlord’s Responsibilities in an Apartment

Most apartment rental agreements in New York specify that your landlord is responsible for maintenance within your building. This gives you the power to request that your landlord address any problems that arise within your unit and the apartment building as a whole.

Some of the most common responsibilities that your landlord must fulfill include:

• Providing functional smoke and carbon monoxide detectors
• Maintaining plumbing, heating, and electrical systems
• Pest removal and insect extermination
• Ensuring that walls, floors, and ceilings are structurally sound
• Providing adequate lighting in hallways and outdoor spaces
• Preventing and removing mold
• Ensuring the building is free of lead paint
• Maintaining fire escapes and sprinkler systems
• Providing reasonable security measures, such as locks or entry codes

If you are injured because of a maintenance issue in your apartment, your landlord may be liable for your injuries. However, in most cases, you must take action to ensure your landlord is aware of the problem before they can be held legally responsible for any injuries.

Submitting maintenance request to your landlord constitutes reasonable awareness of a dangerous situation. If your landlord ignores or denies your request, they have failed in their duty to maintain a safe living environment. Furthermore, if your landlord did not disclose known dangers in the apartment before you signed your rental agreement, they may also be liable for any injuries you sustain as a tenant.

Common New York Apartment Accidents

When an apartment manager neglects their duty to maintain the building, you may encounter a wide variety of dangerous situations on a daily basis. You have the right to expect that every room in your apartment unit and all common spaces are safe to use for their intended purpose. However, even small problems, like a slow leak or an unstable stair railing, can have devastating consequences.

Some of the most common types of accidents that occur in an apartment include:

• Slipping and falling on uneven or wet surfaces, stairs, and in dark locations
• Head injuries due to falling debris from walls or ceilings  
• Scalding and burns from excessively hot water
• Electrocution due to exposed wire
• Elevator accidents
• Assaults and theft due to inadequate security
• Exposure to poison, gas, or smoke

When you are seriously injured in an apartment, you may require emergency medical care, hospitalization, and ongoing treatment long after the injury occurs. Furthermore, you may have to take significant time off of work, so you can focus on healing. The combination of medical bills and loss of income can cause a significant financial burden for you and your loved ones.

You should never have to suffer financial strain because of another persons’ negligence. The compensation you receive from your premises liability claim will help ensure that you can provide for yourself and your loved ones during this difficult time.

Contact a New York Premises Liability Attorney

If you or a loved one were injured in a New York apartment, you have the right to seek compensation and even file a lawsuit if necessary. The premises liability attorneys at Finz & Finz P.C. understand the importance of your injury claim, and we are ready to fight for the financial support you need. Our legal team has been fighting for accident victims in New York for over 35 years, and we are prepared to put our skills to work for you.

You only have a limited time to file your claim after an injury, so you need to start working on your case as soon as possible. Set up a free case evaluation with one of our skilled attorneys today by calling Finz & Finz P.C. at 855-TOP-FIRM or filling out our online contact form.