Hurt Because of a Negligent Landlord? Call Us Now
When you’re hurt because of your landlord’s negligence or inaction, you deserve compensation for your suffering. These accidents happen across New York City, and they require swift action to secure damages to cover your losses. The premises liability lawyers at Hecht, Kleeger & Damashek are ready to hear your case and help you fight for justice.
We’ve helped clients get the settlements they deserve, like this $4 million verdict. We are ready to work with you to help you win your case.
Call (212) 490-5700 or fill out our form to schedule your free consultation with a premises liability injury lawyer.
Understanding Landlord Liability in New York
Landlord liability refers to the legal responsibility of a landlord for the safety and well-being of their tenants.
Landlords have a duty of care to ensure property is safe for tenants to occupy. If they breach this duty of care and injuries are the result, then they may be liable for any damages caused.
Landlord Responsibilities in NYC
Under NYC building codes, landlords have certain responsibilities to maintain a premises for their tenants. Some responsibilities of landlords include:
Maintenance and Repairs
Landlords are generally obligated to maintain their rental property in a safe and habitable condition. This includes prompt repairs of any issues that could pose a risk to tenants’ health or safety, such as leaks, broken appliances, or faulty electrical wiring.
Common Areas
Landlords are responsible for the safety and upkeep of common areas in the building, such as hallways, stairways, and courtyards. They must ensure these areas are free from hazards and properly maintained.
Pest Control
Landlords are typically required to address pest infestations in the rental property. This may involve hiring professional pest control services or taking other necessary measures to eliminate pests and prevent their return.
Mold and Other Health Hazards
Landlords are responsible for addressing mold and other health hazards that may be present in the rental property. This includes identifying and remediating any mold issues and taking steps to prevent future mold growth.
Security
In some cases, landlords may have a duty to provide reasonable security measures to protect their tenants from harm. This may involve installing security cameras, hiring security guards, or taking other appropriate steps to ensure the safety of the property.
Common Types of Landlord Negligence
Landlord negligence can take many forms, but some of the most common types include:
Negligent Maintenance
Landlords have a duty to keep their rental property in a safe and habitable condition. This includes making necessary repairs, addressing hazardous conditions, and ensuring the property is free from pests. Failure to fulfill these obligations can lead to landlord negligence.
Some examples of negligent maintenance include:
- Failing to repair leaks
- Ignoring pest infestations
- Not fixing broken locks
- Dangerous flooring
- Lack of heat or hot water
- Broken appliances
- Non-functioning elevators
Unsafe Conditions
Landlords are generally required to maintain safe conditions for their tenants. This includes ensuring the property is free from hazardous conditions, such as:
- Poor lighting
- Broken stairs
- Lack of smoke detectors
- Slippery floors
- Defective sidewalks
- Ceiling collapses
- Unmaintained grounds
- Defective stairways
How to Prove Landlord Negligence
To prove that a landlord was negligent, you must establish four elements:
- Duty: The landlord owed you a duty of care.
- Breach: The landlord breached that duty by failing to act reasonably.
- Causation: The landlord’s breach caused your injuries.
- Damages: You suffered damages because of the landlord’s negligence.
It can be difficult to prove every element without the help of a New York landlord negligence lawyer who can guide you through the process.
Gather Evidence to Help Your Claim
Document everything that happens related to your landlord’s negligence. Keep a detailed record of all incidents, communications with the landlord, and any repairs or maintenance issues.
Take photos of the condition of the property, including any hazardous conditions or injuries. If anyone witnessed the incident or can corroborate your claims, get written statements from them.
If you suffered injuries, obtain medical records and documentation of your treatment.
Show That Your Landlord Had a Duty of Care
Your tenant injury lawyer in NYC will identify the landlord’s obligations to prove they had a legal duty to you. This involves determining the specific duties the landlord had under the lease agreement, local housing codes, or common law.
You must also show a landlord-tenant relationship by establishing you were a tenant, and the landlord had control over the property.
Prove That Your Landlord Breached Their Duty
You must prove the landlord failed to act reasonably. This requires showing that the landlord knew or should have known about the hazardous condition and failed to take appropriate steps to address it.
Your landlord negligence attorney will compare the landlord’s actions to the standard of care that a reasonable person in their position would have done under similar circumstances.
Show That Their Breach Caused Your Losses
Your premises liability lawyer in NYC will work to establish a direct link between the landlord’s negligence and your injuries.
This may require ruling out other possible causes and identifying the specific cause of your injuries.
Prove How Much You Realistically Lost
You will need to provide supporting documentation for your damages, including receipts, medical bills, and other evidence to show that you have losses.
Your tenant rights attorney in NYC can calculate the monetary value of your injuries, medical expenses, lost wages, and other damages.
Compensation for Injuries Caused by Landlord Negligence
If you have suffered injuries due to your landlord’s negligence in New York City, you may be entitled to compensation.
The specific amount of compensation will depend on the severity of your injuries and the circumstances of the case.
Economic Damages
You can get money for your out-of-pocket losses, including medical bills, lost wages, property damage, and loss of earning potential.
Non-Economic Damages
You can also get money for intangible losses if you were hurt due to your landlord’s negligence. These damages may include pain and suffering, mental anguish, emotional distress, disfigurement, loss of consortium, and loss of quality of life.
Filing a Claim
Filing a legal claim against a negligent landlord in New York City involves several steps, including:
- Gather evidence: Document everything and take photos of the hazardous conditions and your injuries.
- Consult with an attorney: An NYC landlord liability lawyer can provide guidance and assess your case.
- File an insurance claim: You can file a claim with the landlord’s insurance company to seek a settlement from them first.
- Negotiation: This step may take place throughout the lawsuit. Your attorney will attempt to negotiate a fair settlement in your case.
- File a complaint: Your attorney will draft a legal document outlining your claims and the damages you seek.
- Discovery phase: Both parties will exchange information, such as documents, interrogatories, and depositions to gather evidence.
- Trial: If you cannot settle your case, it will proceed to trial. Your and your attorney will present evidence to a jury.
FAQs About NYC Landlord Liability
What should I do if I’m injured due to my landlord’s negligence?
If you’re injured due to your landlord’s negligence, you should document the incident and seek medical attention.
Then, notify your landlord about the incident and keep a record of all communications with your landlord. Consult with an attorney who focuses on premises liability law to find out your rights.
How can a New York landlord negligence lawyer help me with my case?
A New York landlord negligence lawyer can help you in several ways. They will assess your case and determine your eligibility for a premises liability lawsuit.
They can help you gather evidence and negotiate with your landlord and their insurance company. Your attorney can also file a lawsuit and represent you in court.
You have a better chance of getting the maximum amount of compensation possible when you work closely with an experienced tenant injury lawyer in NYC.
How to sue a landlord for negligence in NYC?
Suing your landlord for negligence requires several complex steps. You need to prove the elements of negligence and file a lawsuit detailing how your landlord breached their legal duty to you and caused your injuries and damages.
This requires a lot of legal paperwork, which is best completed by a skilled attorney.
Call a New York Landlord Liability Lawyer Now
Hecht, Kleeger & Damashek, P.C. have extensive experience handling premises liability cases involving landlord negligence. Tenants seek our assistance to get the maximum amount of compensation possible so that they have enough money to pay for their damages.
Call us today at (212) 490-5700 to secure fair compensation for you and your family.
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