Can You Sue If You’re Injured in Your Apartment Building in NYC?
In New York City, most people are renters who live in apartments, and dealing with landlords is a very common experience. Unfortunately, some landlords do not take care of their properties, and residents experience accidents and injuries in their own homes.
After being injured in your apartment building in New York City, you may sue your landlord if they are responsible for the accident. Landlords are responsible for maintaining the building and keeping common areas safe. If your accident happened because of unsafe conditions caused by your landlord’s negligence, you can sue. However, you might also share a degree of responsibility for keeping your apartment safe.
You deserve compensation for your injuries after an accident in your apartment building. Our NYC premises liability attorneys can help you hold your landlord responsible. Call The Carrion Law Firm at (718) 841-0083 and ask about a free case review to start your lawsuit.
Suing Your Landlord After an Injury in Your NYC Apartment
It is possible to sue your landlord after suffering an accident and injuries in your apartment building. Landlords own the properties we rent and live in and call home. As the property owners, landlords owe a duty to keep the common areas safe, clean, and habitable. When landlords fail to fulfill this duty, accidents can happen, and tenants like you can be injured.
If you want to sue your landlord after an accident in your apartment building, you will likely be suing under a theory of premises liability. These cases are based on the idea that property owners owe a duty of care to make sure their properties are safe for other people. If owners fail to maintain their properties safely, people can get hurt.
A common premises liability case is the classic slip and fall. If a property owner fails to clear the icy walkway in front of their home, and then a guest slips and falls on the ice, that guest could sue the property owner for their injuries.
Accidents in apartment buildings are more challenging to deal with because tenants also share some responsibility for maintaining their apartments. Usually, issues of daily cleaning and upkeep are the tenant’s responsibility. However, smaller issues may snowball into larger issues requiring a landlord to fix the issue, as will issues in common areas. Our NYC personal injury attorneys can help you get compensation for your accident.
What Is My Landlord Responsible for in My NYC Apartment?
Landlords are responsible for quite a bit in New York City apartment buildings. In general, there are two areas of concern in apartment buildings. First, there are common spaces shared by all tenants. Second, private spaces are occupied only by the tenants who lease them. For example, a stairwell or hallway might be a common space, while your living room, bedroom, and the rest of your unit are private spaces.
Landlords must make sure apartment buildings are safe, well maintained, and habitable. This includes ensuring the apartment building and all units inside are structurally safe. Crooked stairs, uneven floors, and regular maintenance fall on the shoulders of landlords.
If your accident happened because the landlord failed to make the premises safe and habitable, they might be held liable. For example, if the stairs leading up to your apartment were uneven and you tripped and fell, your landlord could be liable for your injuries.
The landlord might also be responsible for the maintenance of your private unit if the maintenance is beyond the tenant’s duties. For example, it is the tenant’s responsibility to keep their apartment clean. It is not the tenant’s responsibility to repair their ceiling after a rainstorm caused a leak. Larger maintenance issues, even in private spaces, are the landlord’s responsibility.
Keep in mind that when tenants misuse the premises or cause structural defects themselves, landlords might not be liable for accidents and injuries. For example, if a tenant were hurt because they slid down the banister in the stairwell, the landlord would probably not be liable because the tenant behaved recklessly. Talk to our Brooklyn personal attorneys to determine whether you can sue your landlord.
Common Accidents and Injuries in NYC Apartments
Accidents can happen at any time and any place, including in your apartment building. A few kinds of accidents are common in New York City apartments and might apply in your case.
Slip and falls are very common. These accidents may happen because a surface is slippery or slick. We tend to think of icy walkways first, but wet or uneven floors can cause slip and falls too. People can be seriously injured, and broken bones, back injuries, and other bodily injuries frequently occur. Depending on what kind of unit you rent, the duty of sidewalk maintenance may fall on you or your landlord. If your unit is something like a townhome, the sidewalk outside might be your responsibility.
Stairwells are another common site for accidents in New York City apartments. Many buildings do not have elevators, and tenants must take the stairs daily. If stairs in common areas are not maintained, they can become dangerous. Uneven or slippery staircases or a lack of a banister or railing can lead to accidents. Victims can suffer severe neck and back injuries from falling down the stairs.
If your building has an elevator in the lobby for resident use, your landlord must ensure that it is in working order. If an elevator malfunctions and drops, the people inside could be injured or killed even if the emergency systems prevent a multi-floor fall. Even if the elevator does not drop, people may suffer injuries from being trapped in a broken elevator.
Heating is necessary for the winter months to make an apartment habitable for tenants. If the heat breaks, the landlord must fix it within a reasonable amount of time or face the consequences. Depending on how cold it gets, tenants could suffer from a lack of heat or from emergency use of space heaters in a confined space. This can often lead to building fires. If the landlord knew about broken heaters, an apartment building fire could be their fault.
If you were injured in some sort of accident in your apartment building, our Long Island personal injury attorneys can help you sue your landlord and hold them liable.
Call Our NYC Premises Liability Attorneys for Assistance
If you were harmed in any way, mentally and physically, in an accident in your apartment building, our Queens personal injury attorneys can help you sue your landlord for damages. Call The Carrion Law Firm at (718) 841-0083 for a free case evaluation before getting started.