Apartment Liability Lawyer
Apartment living is the norm in New York City. In the most populous city in the U.S., high-rise apartment buildings are necessary to accommodate residents. Renting an apartment is a more affordable alternative to homeownership for most as well. In 2014, there were 3,400,093 housing units in NYC. In the coming years, several high-budge construction projects will take place to add even more. There is one question that every apartment resident should know the answer to, even before an accident occurs – who is liable for property-related injuries? After such an accident, come to our firm for legal advice.
Landlord Liability for Apartments in NYC
According to the law, property owners must maintain reasonably safe premises for visitors. This includes checking for unknown hazards, repairing known ones, and warning of existing dangers that visitors might not notice. The law is different for landlords who rent apartments out to tenants. There are some cases in which the landlord may be liable for injuries that stem from property hazards and some where liability rests with the tenant. Assigning liability will depend on the answers to three different questions:
- Why did the accident occur? The proximate cause of your accident is the most important question of your entire claim. For example, if you slipped and fell because you forgot to clean up water you spilled on the floor, the only person at fault is you. If the water came from a leaking pipe, however, the landlord may be liable. You must show your landlord was negligent in some way and this caused your injuries.
- Where did the accident occur? Location is important when assigning landlord liability. The incident must have occurred in an area where your landlord exercises control. The object, equipment, or other element that caused your accident must also be within the landlord’s control. Landlords are typically responsible for the building’s structure and components such as electrical wires. They may also control communal areas such as hallways, stairwells, elevators, and laundry rooms.
- When did the accident occur? You must act quickly to recover for an apartment-related accident. In New York, you have three years from the date of your injury, or discovery of injury, to file your lawsuit. Otherwise, you lose the opportunity. Don’t miss the deadline after a slip and fall, electrical shock, struck-by object, burn injuries, or other harms from within your apartment complex.
If your accident occurred on property your landlord controls or because of an element within your landlord’s realm of responsibility, and it happened because of his or her act of negligence, you likely have a lawsuit.
Should You Pursue a Claim?
Bringing a personal injury claim is important for your future and the safety of others. A lawsuit can shed light on safety violations the landlord may have been guilty of for years. It can penalize the landlord for his or her actions and lead to improvements in the future. A suit could also lead to compensation for your past and future medical costs relating to the accident, lost wages, pain and suffering, and property damage. To talk to an attorney about your apartment accident, contact us.