New York Apartment Accident Injury Lawyer
Approximately 24 percent of New Yorkers live in apartments. Many live in large, multi-building apartment complexes that house thousands of people. Your apartment is your home, a place where you should feel safe. Sadly, many tenants have been injured in their own apartment buildings due to the landlord’s negligence.
All property owners in New York have a duty of care to ensure their buildings are safe and free from hazards. Unfortunately, some property owners fail to adequately maintain their property, which can lead to the tenant being involved in an accident.
If you or someone you love has been injured in an apartment accident, a premises liability lawyer may be able to help you recover compensation for your injuries. With Hill & Moin on your side, it’s “like having a lawyer in the family,” as our clients have told us. Call (212) 668-6000 to schedule a free case review.
Causes of New York Apartment Accidents
Property managers, building owners, and landlords must ensure their buildings are safe for all residents and visitors. Residents should notify the property manager of any potential hazards in the building and the landlord should immediately correct the problem. Failure to do so could result in the landlord being held liable if anyone gets injured.
The following are some types of New York apartment accidents:
- Slip-and-fall accidents: These types of accidents can occur in laundry rooms, stairwells, hallways, patios, and other shared common areas. Causes of slip-and-fall accidents include water leaks, unsafe staircases, poor lighting, waxed floors, and more.
- Elevator accidents: These types of accidents can result in broken bones, amputations, and other catastrophic injuries. If the building owner was negligent in the installation or maintenance of the elevator, he could be found liable for your accident.
- Water leaks: If a water pipe bursts and the resulting structural damage is not promptly and properly repaired, the water leak can lead to a ceiling collapse in the apartment below. In addition, water leaks can also lead to slip-and-fall accidents.
- Stairway accidents: Stairways should be well-lit, have handrails, and be properly maintained. If you were injured in a stairway accident due to improper maintenance, the property manager or owner could be held accountable.
- Assaults: Landlords must install proper locks and adequate lighting, and take other steps to protect residents from criminal activity. If a landlord fails to take proper steps to protect its residents and one is assaulted, the landlord could be held liable for injuries.
- Asbestos exposure: Many apartment buildings in New York are older and may have been built with materials that contain asbestos. If you have suffered mesothelioma or another illness as a result of asbestos exposure, you could hold your building owner liable for damages related to your condition.
- Electrical problems: Older buildings in New York are especially prone to electrical issues and wiring problems that can cause fires or electrocution. Electrical issues can cause painful burns or scarring. If the landlord knew of the wiring problem and failed to fix it, you could have grounds to file a claim against him or her.
- Faulty stoves: Faulty ovens and stovetops can cause fires and explosions that leave victims with burn injuries or injuries from smoke inhalation. It is the responsibility of New York property owners to keep stoves and other appliances in safe working condition.
- Animal attacks: Animal attacks can occur in apartment complexes that allow pets. If you were injured by a dog bite or other animal, the pet owner could be held liable. The landlord could also be found responsible if he or she should have done more to prevent the incident.
What to Do If You Were Injured in an Apartment Accident?
The actions you take following an apartment accident can make a difference in your physical and financial recovery.
Consider taking the following steps after being injured in an apartment accident:
- Call 911. The operator will dispatch the police and emergency services if needed.
- Seek medical attention. Ensure that you receive proper treatment for your injuries and ask your doctor to provide you with medical documentation detailing the severity and origin of your injuries.
- Notify your landlord. Your landlord should be notified of the incident as soon as possible. In larger complexes, the building manager will likely fill out a full accident report.
- Take photos and videos. Use photos and videos to document the scene of the accident, including the dangerous conditions that caused your injury.
- Speak to other tenants. It is likely that you were not the only one in the apartment building that noticed the unsafe condition. Exchange contact information with others that can confirm the unsafe conditions.
- Contact a premises liability attorney: A lawyer can let you know whether you have a valid claim to compensation and help you gather the evidence needed to build a solid premises liability case.
Landlords May Be Liable for Your Apartment Accident
Under New York premises liability law, property owners have a duty of care to all visitors who enter their property. Landlords must make sure that the buildings under their care are safe, well-maintained, and habitable. Failure to do so can result in the property owner or landlord being held liable for injuries.
If you live in an apartment in New York, your lease agreement will outline the obligations of your landlord. For example, if a fire occurred in the building and your landlord did not install smoke detectors and fire extinguishers in the apartment, the landlord could be responsible for any damages incurred.
Typically, a lease agreement will state that a landlord will regularly maintain all common areas. As an example, if you slip and fall down the stairs because a handrail is broken in the stairwell of your apartment, the landlord could be held financially liable for injuries.
In addition, you may even be able to hold your landlord accountable if a visitor to your apartment complex was injured. For example, if your guest fell because the landlord failed to remove ice and snow from the property in a timely manner, the landlord could be responsible for the guest’s damages.
Proving Your Landlord’s Negligence
If you were injured in an apartment accident, you may be able to recover compensation for your losses. However, you will need to prove that your building manager or landlord was negligent in maintaining a safe property and that his negligence resulted in your being injured.
A personal injury attorney can help you gather evidence that may be needed to prove your case. Copies of previous reports sent to your landlord informing him of the hazard are very beneficial. These reports can be used to demonstrate that your landlord knew about the dangerous property condition, failed to fix it, and you were injured as a result.
If you did not file a report, you can speak to other tenants and inquire whether they noticed the hazard and reported it. If so, the testimony of the other tenants can be used as evidence.
Recovering Damages After a New York Apartment Accident
A serious apartment accident can leave victims coping with serious physical, financial, and emotional burdens. A lawyer may be able to help you build a personal injury case under premises liability law and recover compensation for damages.
A premises liability case may allow you to recover compensation for:
- Medical bills
- Loss of income
- Loss of future earning potential
- Pain and suffering
- Emotional distress and more
If you have suffered the tragic loss of a loved one in an apartment accident, you may be entitled to recover wrongful death damages. This may include compensation for funeral expenses, burial costs, loss of support, and other losses.
Statute of Limitations on New York Apartment Accident Claims
All personal injury cases must be filed within the allowed statute of limitations time frame. If you were injured in an accident in an apartment complex, you have up to a few years from the date of the incident to file a premises liability claim or lawsuit seeking compensation for damages.
This means that if you fail to file your claim within the statute of limitations that applies to your apartment accident, you most likely will lose the opportunity to be awarded the compensation you deserve.
Schedule a Free Consultation With an Apartment Accident Lawyer Today
If you or someone you love was injured in an apartment accident due to a negligent landlord, do not hesitate to consult with a personal injury lawyer. Hill & Moin has decades of legal experience, and we are proud to fight for New York residents who have been injured in apartment accidents. We understand how a serious injury can affect a victim’s life, and our legal team wants to be there for you in your time of need.
Contact us at (212) 668-6000 to learn about your Personal Injury Recovery SolutionsⓇ. At Hill & Moin, we take apartment accident cases on a contingency fee basis, which means that you pay nothing out of pocket. We get paid only after you receive a settlement on your case.
Don’t wonder about your rights!