One of a landlord’s main responsibilities is providing and maintaining a safe living environment for all tenants, guests and visitors. If a landlord or his employee’s negligence was responsible for your injury, they should be held legally liable to pay for the damages. Negligence may come in the form of a landlord’s failing to repair something that’s broken or allowing weather conditions to create a hazardous walkway.
If you or a loved one has been hurt and you believe it was a landlord’s fault, the New York landlord liability attorneys at Kaplan Lawyers PC will fight to make sure you win the compensation you deserve.
The Responsibilities of a Landlord
The responsibilities of a landlord are established by the lease they’ve signed with tenants, but these responsibilities are also shaped by law. For example, even if you have a simple lease, you still have the right to a safe and livable building. This is referred to as the “warranty of habitability.” This implied warranty includes many conditions on a property, including but not limited to:
- Water leaks or floods
- No hot water
- No heat
- Problem with pipes
- Radiator problems (too much heat, broken, exploding, noisy)
- Electric (broken outlets or light fixtures, exposed or bad wiring)
- Vermin or bugs
- Kitchen problems (stove/oven/refrigerator/sink broken)
- Gas (none or leaking)
- Bathroom problems (broken toilet/sink/shower/tub, leaks or blocks up)
- Floor problems (holes, sagging, etc.)
- Walls or ceilings cracks, peeling paint or plaster
- Broken tiles on walls or floors
- Lead paint.
If you and your landlord agreed to something before you moved in, even something not related to a safety issue, then the landlord is obligated to provide the agreed-upon action. For example, if your landlord told you when you moved in that he or she would install an air-conditioning unit and failed to do so, then they might be breaching the warranty of habitability.
Tenants who have complaints about the condition of a property should notify their landlord as soon as possible. If you call your landlord to complain about a problem with your radiator, make note of the date and time you called and what was said during that call. If you send a letter or email, keep a copy of that correspondence. If your landlord then fails to address the problem, these records will be useful to you or your landlord liability attorney.
Common Types of Injuries & Incidents
If you’re unsure whether your injury was due to landlord negligence, your best bet may be contacting our NYC landlord liability lawyers for a free consultation. Here are a list of injuries and scenarios we have seen in the past:
- Trips and falls on broken steps
- Trips and falls caused by inadequate lighting
- Illness or injury caused by exposure to lead paint or asbestos
- Trips and falls caused by broken banisters
- Slips and falls on snow and ice
- Injuries caused by uneven sidewalks
- Unsafe elevators
- Injuries caused by collapsing ceilings or floors
- Security issues, including broken security cameras or broken locks on doors
- Negligently allowing non-residents on the premises
- Failure to keep up to date with fire safety codes.
Types of Injuries Stemming from Landlord Liability
Premises-related injuries happen in several ways. In the list above, you might have noticed that falls cause several serious injuries. Structural problems also carry the potential to cause someone to suffer debilitating injuries. Here are a few examples of the most serious injuries people suffer in these settings.
- Internal injuries
- Wrongful death
- Chemical exposure injuries and illnesses.
How Those Injuries Cause Serious Problems
A major injury comes with consequences. A victim might experience pain, suffering, disability, expensive medical bills, medication costs, loss of work and loss of work capacity. These consequences can create a financial domino effect in the life of a victim. After an injury, a person receives expensive medical treatment, which they can’t afford because they lose income from their injury. In turn, paying rent might then become a challenge.
Personal injury claims are essential to stopping the fallout from a serious personal injury. Victims can file a claim to receive compensation for the damages they have suffered. If a negligent landlord was responsible for your injuries, you should not have to pay for their mistakes.
Contact Our New York Landlord Liability Lawyers
If your injury was caused by any of the above issues or due to an action or inaction you believe may reflect negligence, you could potentially be eligible for benefits. Remember, our consultations are always free, so there is no risk in contacting us for an evaluation. If you’ve been hurt, it’s important that you focus on your recovery and not the legal issues involved. At Kaplan Lawyers PC, we can help guide you through this process and win you benefits that will help cover your medical expenses. Call us today.
Attorney Jared S. Kaplan
Attorney Jared S. Kaplan has focused his career on advancing his legal knowledge though the day to day practice of law. Jared is a partner in the law firm of Kaplan Lawyers PC in Syosset, New York and has been a practicing attorney for nearly 20 years. His career started in litigation, so Jared is aware of the pitfalls in litigation and uses that knowledge in the representation of his clients in complex matters. [ Attorney Bio ]