Residential Premises Liability in New York
Residential property owners are responsible for maintaining a safe environment for visitors, tenants, and anyone lawfully on the property. This applies to both homeowners and landlords. If you’re injured as a result of unsafe conditions on a residential property, this is known as residential premise liability. Residential premises liability falls under personal injury cases, meaning you must be able to prove that accident resulted from negligence. This can apply to the landlord or, if applicable, other parties like the building management company, elevator maintenance or security companies, or a tenant.
Common Causes of Injury
Injuries in a residential premises liability case can go far beyond typical slip-and-fall accidents. Common causes of injuries may include accidents involving stairs, elevators, escalators, pools, or parking lots. Injuries may also result from:
- Negligent security
- Insufficient lighting
- Failure to provide sufficient warning of a hazard
- Unsafe building conditions
- Falling objects
- Wet/slippery floors
- Hidden extension cords
- Unsecured rugs or carpets
If you’ve suffered one of these injuries or a similar injury on a residential property, it isn’t enough to prove that conditions were unsafe. For a residential premise liability case, you must prove that 1) you were lawfully on the property or the owner knew you were trespassing and 2) the property owner knew of these unsafe conditions yet still didn’t take the necessary action to fix it.
Proving negligence requires gathering substantial evidence to support your claim. Evidence can include witnesses, photographs, maintenance records, surveillance footage, and other tangible records. Collecting all materials to create a strong case is challenging without the help of an experienced personal injury attorney.
Common Premises Liability Injuries
Sustaining any kind of injury—whether minor or serious—can cause physical, emotional, and financial stress, especially when the injury could have been avoided. Common injuries in these cases include broken bones, soft-tissue injuries, concussions, or even wrongful death. Building a robust case with an attorney can help you on the path to receiving proper compensation for your injuries. Compensation can help cover medical bills, including physical, occupational, or speech therapy; lost wages; pain and suffering; among other related costs.
Liability for Injuries in an Apartment Building
Many residential premises liability cases in New York will likely concern apartment buildings. Landlord and building owners are expected to keep the building, apartment units, and common areas safe and address any hazardous conditions. Tenants are also expected to uphold a certain standard of care by not engaging in dangerous activity. If injuries are a result of reckless behavior within the apartment building—such as running past a “wet floor” sign and slipping and falling—then the landlord or building owner is not held liable.
Contact Leav & Steinberg for Your Case
In New York, the statute of limitations for filing a residential premises liability case is three years from the date of your injury. The dedicated team at Leav & Steinberg LLP will work diligently to help you collect the proper documentation and materials to build your case. Our attorneys have taken on numerous commercial and residential premises liability cases with successful results, and we look forward to working with you. Call us at 212-766-5222 for a free consultation if you’ve been injured on residential property in the Tri-State area.