Renter and Landlord Liability in New York, NY
According to data provided by the National Multifamily Housing Council (NMHC), rental properties make up 50 percent of all occupied housing units in the city. To put this number into perspective, this makes New York City far and away the biggest market for renters in the U.S.
NMHC reports that there are more than 1.5 million rental units in New York City alone. Los Angeles, the city with the second most rental housing units, has fewer than 600,000.
With this many units, there will likely be injuries that occur at these properties. Under New York law, landlords have a legal obligation to ensure that their property is free from unreasonable safety hazards. If a landlord fails to live up to that legal obligation, they may be deemed negligent. After an injury like a slip and fall in an apartment, you may be wondering ‘Can I sue my landlord?’ If you have been injured due to the negligence of an NYC landlord, an attorney can help you recover compensation by bringing a residential premises liability claim.
Common Types Of Slip And Fall Landlord Liability Cases
Injuries at rental properties can occur for many different reasons. The landlord will be liable for these injuries if it can be established that they breached their legal duty to provide invited guests with reasonably safe conditions. Some common causes of injury that frequently result in landlord liability include:
Slippery floors: Fall accidents remain far too common. In fact, the Centers for Disease Control and Prevention has found that 2.8 million Americans require emergency medical attention because of a fall accident every year. Slippery floors are one of the leading causes of serious fall accidents. This is an especially common issue at the entrance or exit of apartment buildings. These floors can get wet and slippery. Landlords must take proactive measures to reduce the risks caused by slippery floors.
Snow and ice: Untreated snow and ice on the outer walkways of the rental property also present a major safety hazard. In the New York City area, snow and ice can be present from November through March. During these months, landlords must take steps to eliminate the hazards caused by the winter elements. Snow and ice should never be allowed to build up on walkways or driveways.
Code violations: New York City has a strict housing maintenance code. Multi-family dwellings, such as most rental properties, are held to particularly heightened standards. The code covers many different issues, from fire exits to how construction work is to be marked off and completed. If a landlord fails to follow the requirements of the housing code, and an injury happens as a result, the landlord may be liable for the victim’s damages.
Property defects and poor maintenance: Landlords also have a duty to keep their premises free from unreasonable property defects. This means that regular maintenance should be conducted and defects should be eliminated as soon as is realistically possible. If you are injured by a property defect, such as a loose stair or a broken light, you should take legal action against the negligent landlord.
Inadequate security: Finally, landlords have a duty to provide some reasonable protection against bad-acting third parties. For example, your door should always have a working lock on it. If it does not, and you report the issue, the landlord needs to take immediate corrective action. If they fail to do so, they may be held liable for any resulting damages.
Proving Liability In A New York Rental Property Injuries Case
To hold a landlord liable for your injuries, your New York premises liability attorney will need to prove negligence. Negligence has four basic required elements:
In landlord liability cases, assessing negligence usually requires considering the following three questions:
- Did the landlord know, or should they have known, about the presence of the safety hazard?
- Was your injury reasonably foreseeable?
- Did the landlord have a reasonable opportunity to take corrective action?
If the answer to all three of those questions is “yes,” then you likely have a viable premises liability claim.
You May Be Entitled To Compensation For Your Rental Property Injuries
Under New York premises liability law, injured victims are entitled to financial compensation that covers the full extent of their losses. If you were injured at a New York City residential rental property, we may be able to help you recover compensation for:
- Emergency medical expenses
- Long-term medical care
- Costs related to rehabilitation
- Current and future loss of income
- Pain and suffering
- Mental anguish
- Long-term disability
Our Firm Has A Proven Record Of Success With Landlord Negligence
Our firm has significant experience handling NYC premises liability cases. Negligent landlords should be held accountable and we can help you make that happen. For example, we helped a rape victim recover $700,000 from her negligent landlord. The victim was attacked on the roof of her own building. Through diligent and comprehensive investigation, our team was able to prove that the building’s alarm system was defective. Had it been working properly, the attack could have likely been prevented. In another case, we helped a victim recover $1,000,000 for injuries that occurred after a slip and fall accident in a building with broken stairwell lighting.
The bottom line is simple: your residential landlord has a legal duty to keep the premises of the building in reasonably safe condition. If they fail to live up to that obligation, and you are injured as a result, contact our office immediately. We will help you seek the full and fair compensation you deserve.
Injured By Landlord Negligence? Speak To Our New York City Premises Liability Team Today
At David Resnick & Associates, P.C., our renter and landlord liability attorneys are ready to help you. If you were seriously injured at a residential rental property, please contact our office today to set up a free review of your case. Our firm will not collect a fee unless we successfully secure compensation for your injuries. We represent injured victims throughout New York City, including in Manhattan, Brooklyn, Queens, the Bronx and Staten Island.