Unsafe property conditions can lead to severe injuries, and landlords are legally obligated to maintain reasonably safe premises. When they fail to do so, tenants or visitors who suffer injuries may file a premises liability claim. Knowing the steps to take can significantly impact the outcome of your case.
What Is a Premises Liability Claim?
A premises liability claim arises when someone is injured due to a hazardous condition on another person’s property. In New York, property owners, including landlords, have a legal duty to maintain their premises reasonably safe for tenants, visitors, and guests.
Examples of unsafe conditions that could lead to a premises liability claim include:
- Broken or poorly maintained stairs and handrails
- Slippery or wet floors without warning signs
- Inadequate lighting in hallways or parking lots
- Ceiling collapses
- Defects in sidewalks, driveways, and parking lots with abutting properties
To file a successful claim, you must prove that the landlord knew—or should have known—about the hazardous condition and failed to fix it in a timely manner, leading directly to your injury.
Steps for Filing a Premises Liability Claim Against a Landlord
To move your premises liability claim forward, it’s important that you follow these six steps:
1. Seek Immediate Medical Attention
Your health should be your first priority. Even if your injuries appear minor, visit a doctor or emergency room promptly for a thorough evaluation. Some injuries, like concussions or internal damage, may not be immediately apparent but can worsen without timely treatment.
Medical records also serve as critical evidence, linking your injuries to the unsafe condition on the property.
2. Report the Incident to Your Landlord
Notify your landlord of the dangerous condition and your injury as soon as possible. Make this notification in writing to create a formal record of your report. Include the date, time, location of the incident, and details about the hazardous condition that caused your injury.
3. Document the Hazardous Condition
Preserving evidence is crucial. Immediately after the accident, take photos or videos of unsafe conditions, such as broken stairs, inadequate lighting, or wet floors. Documenting the hazard before it is repaired or altered strengthens your claim.
Other evidence to collect includes:
- Witness statements or contact information
- Surveillance footage, if available
- Receipts or records of repair requests previously made to the landlord
4. Consult a Premises Liability Attorney
An experienced New York premises liability attorney can assess your case and determine whether your landlord’s negligence caused your injuries. They can guide you through the legal process, handle communications with the landlord or their insurance company, and help you build a compelling case.
5. File a Premises Liability Claim or Lawsuit
After gathering sufficient evidence, your attorney will help you file a premises liability claim with the landlord’s insurance company. You may need to file a lawsuit if negotiations fail to yield fair compensation.
To succeed in a premises liability claim, you must prove:
- The landlord had a duty to maintain a safe property.
- The landlord knew or should have known about the hazard.
- The hazardous condition directly caused your injury.
Potential damages in premises liability cases include:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
6. Be Aware of Deadlines
New York has strict deadlines, or statutes of limitations, for filing premises liability claims. In most cases, you must file your lawsuit within three years of the injury. Acting promptly ensures you meet all legal deadlines and preserves your right to compensation.
Injured Due to Unsafe Conditions? Contact HKD.
If you’ve been hurt due to your landlord’s negligence, the skilled premises liability attorneys at Hecht, Kleeger, & Damashek, P.C., are here to help. With decades of experience, we know how to navigate New York’s premises liability laws and fight for the compensation you deserve.
Call us at 212-490-5700 or fill out our online contact form to schedule your free consultation today.