NYCHA (New York City Housing Authority)
When you rent an apartment owned by a landlord, you have every reason to expect that they will maintain the property and keep your residence safe for you and your guests. Unfortunately, many landlords neglect properties that they rent to their tenants even after residents make complaints.
The same goes for the New York City Housing Authority (NYCHA), the largest public housing authority on the continent and home to 1 in 7 New Yorkers. When the NYCHA fails to make repairs to their properties, shovel snow and ice, and provide adequate lighting and other safety measures, tenants and visitors may have legal grounds to file a claim if they are injured as a result.
If you think your fall was the result of negligence on the part of the NYCHA, it can be difficult to prove without effective legal help. How do you know who is responsible for your slip and fall accident? An experienced New York City premises liability lawyer can help you answer this question and pursue a slip and fall case against the New York City Housing Authority if you were hurt by their negligence.
Contact David Resnick & Associates, P.C. by phone or online now for a free consultation about your injury.
Determining Negligence In A Slip And Fall Case
To prove your landlord was negligent, they must have been aware – or should have been aware – of the dangerous surface on which you slipped and failed to take the action that a reasonable person would have. Of course, these definitions are inexact because what is hazardous to one person may be entirely safe to another, and what seems reasonable to you may not be the standard in court.
Here are some questions to consider when determining whether the NYCHA could be liable for your accident:
Did a building code violation cause your accident?
Building code violations are one way you may be able to show negligence. Rental properties are held to a relatively strict standard in New York City, so pointing to a building code violation could help your case. Violations related to slip and fall accidents include broken or uneven flooring, unmarked construction areas, and crumbling steps, for example.
Did your actions contribute to the accident?
The biggest obstacle with most slip and fall cases is that defendants and insurance companies are likely to say the accident was your fault. You had a responsibility to watch where you were going, and you didn’t.
Our NYC lawyers disagree with this reasoning. While you do have an obligation to look out for obvious hazards, there should not be a significant danger in or around your apartment. If you were doing something careless when your accident happened, you could still be entitled to compensation, but it is harder to prove the NYCHA or any other NYC landlord was to blame.
Were the actions of the NYCHA reasonable?
The NYCHA owes a duty to its tenants and their visitors to ensure that the property is free from unreasonable slip hazards. A landlord must take reasonable, timely actions to correct problems that could make the property unsafe. The law requires a landlord to address unsafe conditions that it knows about or should know about if it took reasonable measures.
Proving Responsibility After A Slip And Fall Accident
If you have done your research and feel confident that your landlord was at fault for your accident, it is now time to think about how to prove it. Here are some useful tools to help you prove liability in your slip and fall accident:
- Photos and videos. It’s hard to deny visual evidence of a hazard. If at all possible, take pictures of the dangerous or slippery surface as it was during your accident. Similarly, if you contact the NYCHA with a complaint, take a picture at the time of your claim. This evidence is useful if you ever have to testify in court or before a jury about your fall.
- Medical bills. Following a slip and fall, injured individuals are typically in need of compensation. Medical bills, insurance payments, and pictures of your injuries are all useful in determining how much money you deserve for what happened. Financial statements can also prove to the court that your accident put you in a tight spot.
- Correspondence with your landlord. If you have proof of your complaint or evidence that your landlord knew about the issue that caused your slip and fall, it is beneficial. It would be difficult to prove your landlord was liable if they did not know about the problem or reasonably should have known about the problem.
An NYCHA slip and fall lawyer is a good person to have on your side if you were the victim of negligence. When you sustain serious injuries because of NYCHA’s negligence, you should not have to go through the struggle of dealing with bills, insurance, and lost wages alone. Contact an NYC lawyer to learn more about your legal options against a negligent landlord or housing authority.
How Much Money Is My Claim Worth?
Every personal injury claim is different and depends on the extent of your injuries and financial losses, and whether you were negligent as well. Without knowing how all of these factors affect your case, it is impossible to predict the amount of money you could receive. Do not hesitate to contact an NYC premises liability attorney for more information about your case.
Contact Our NYCHA Lawyers For Help!
When you are hurt in an accident, you deserve the best help you can get. The lawyers at David Resnick & Associates, P.C. have the experience and resources you need to stand up to the NYCHA with your claim.
We offer a free consultation that comes with no obligation to you. To set up your consultation or for any other specific questions about your case, fill out a contact form on our site or call the New York slip and fall attorneys of David Resnick & Associates, P.C. now.