March 23, 2023
Suing Negligent Landlords & Property Owners in NYC
By Jonathan Damashek
Property owners and landlords in New York City must follow strict local, state, and federal safety regulations. If they don’t, and there are hazardous conditions on the premises, tenants, their guests, and passersby could suffer critical injuries or deaths.
Fortunately, if a negligent landlord or property owner is responsible for your injuries in NYC, you may have grounds for legal action against them.
When is a Landlord or Property Owner Negligent?
Landlords and property owners have specific laws and guidelines they are required to adhere to. They are responsible for ensuring their property is safe for tenants, guests, and other invitees.
Anytime a landlord or property owner fails to maintain the safety of their property, they can be found negligent. Some examples of negligence by landlords and property owners include:
- Forgetting to make repairs
- Faulty stairs and hallways
- Having faulty electrical systems
- Failure to follow building code regulations
- Failure to give adequate warning of hazardous conditions on the property
Your attorney will need to show that the landlord or property owner in your case failed to take reasonable care to prevent injury to you or another person. What is reasonable can be subjective depending on the circumstances of the case.
However, if another reasonable person would not have made the same decision as your landlord or property owner, they may be found negligent.
The elements of negligence that need to be met for your personal injury claim against your property owner or landlord to be successful include:
- The landlord or property owner owed you a duty of care, the way a landlord would owe a duty of care to their tenants
- The landlord or property owner made a decision or failed to make a decision that ultimately breached their duty of care
- The property owner or landlord’s breach was the cause of your injuries or damages
- You suffered emotional trauma, financial loss, or physical injuries as a result of the property owner or landlord’s breach of the duty of care
What do You Need to Sue A Negligent Landlord?
To sue a negligent landlord or property owner, there are several steps you will need to take. The steps include:
- Creating court papers
- Filing your forms with the county courthouse where you live
- Make sure to serve your landlord or property owner
- File a complaint with the Department of Housing Preservation and Development
- Prepare to have your case heard in court
This is just a basic idea of what to expect from filing a complaint against your negligent landlord. Every person’s case is different. Having an attorney with experience in premises liability and housing court claims can make all the difference in the outcome of your case.
What Damages Can You Recover From Landlord Negligence?
Under New York premises liability laws, injury victims have the right to be compensated for every loss. It does not matter whether your loss is financial or non-financial. When someone else is responsible for your damages, they can be compelled to pay restitution for your damages.
Some of the different types of losses you could be awarded in your premises liability lawsuit include:
- Coverage of your medical expenses both now and in the future
- Your loss of income and reduced earning potential
- Physical pain and suffering
- Emotional distress and mental anguish
- Disfigurement and skin scarring
- Inconvenience and reputational damages
- Humiliation, shame, and indignity
- Costs of property damages and repairs
These are just a few of the more common damages you could be entitled to as part of your premises liability claim against your landlord or property owner. You might even be awarded punitive damages if the court system finds the defendant’s actions grossly negligent or egregious in some way. In this way, they can message the community that they will take future cases like yours seriously.
Call HKD for Help with Your Negligent Landlord or Property Owner Today
Are you ready to pursue legal action against the negligent property owner or a landlord in your case? If so, our New York City personal injury attorneys at Hecht, Kleeger & Damashek, P.C. have the experience and dedication you need to get justice.