Landlord Negligence Lawyer
When you rent an apartment or home in NYC, your landlord is typically responsible for maintenance, appliances, and property repairs. It is your landlord’s job to keep the property in safe and livable condition. Not every accident within your rental property will come down to landlord liability – but some will. Accidents that stem from premises hazards within your landlord’s control may be grounds for premises liability claims. Come to Pazer, Epstein, Jaffe & Fein, P.C. for legal help with landlord negligence.
When Is a Landlord “Negligent?”
When someone fails to take reasonable care to avoid injury or other losses to another person, he or she has been negligent. What constitutes “reasonable care” depends on the situation and the relationship between both parties. Determining what is reasonable takes comparing the defendant (the party allegedly responsible) to another prudent person in his or her position. If someone else would have done something differently in similar circumstances to prevent harm, the defendant may be guilty of negligence. To assert that a landlord was negligent, the plaintiff (the injured party) must prove four elements:
- The landlord owed the plaintiff a duty of care. The landlord’s specific responsibilities will vary depending on the property and the leasing agreement. An attorney can help you understand if and when the landlord owes a specific duty of care to tenants.
- The landlord breached his/her duty of care. Any failure to take reasonable steps to prevent an accident may be a breach of duty. This includes failing to maintain a property, to repair known hazards, or to give adequate warnings of foreseeable dangers.
- The landlord’s breach was the proximate cause of the injury. The landlord’s act or failure to act must have directly caused or at least contributed to the incident that caused the plaintiff’s injuries.
- The plaintiff suffered real damages in the incident. Damages that are compensable under New York law include personal injuries, pain and suffering, lost wages from missed time at work, medical bills, and other real costs associated with the accident.
If a tenant suffers an injury while in his/her apartment (or other rental property) or in a communal space within the landlord’s control, he or she may have a case against the landlord. A conversation with a premises liability attorney can clear up any questions about landlord negligence and liability in NYC and help you get started with a claim, if applicable.
When to Call Our Firm
At our NYC office, we offer completely free case evaluations. We provide this service to allow anybody and everybody the opportunity to speak with an attorney about a recent personal injury accident. After any incident that results in personal injuries or costly property damage in your rental space, talk to our attorneys. We can listen to your story and give you advice about what to do next. You may need to report the incident to your landlord, take photographs of the hazardous condition, and take other steps to protect your rights. We can walk you through legal processes such as insurance claims and civil lawsuits. When in doubt, give us a call at (212) 227-1212.