A landlord may be liable for injuries sustained on his property depending on the circumstances.
To be held responsible, your landlord must have control over the area of the property where your injury occurred and the cause of your injury must be the landlord’s negligence.
Below are several examples that illustrate when a landlord may or may not be liable for injuries. Be sure to discuss what happened to you with an attorney, as each case is different.
1. Broken steps on an outdoor stairway were brought to the attention of the landlord two weeks ago, and the steps still haven’t been fixed. A tenant trips and falls on the steps on the way up to her apartment and suffers a broken arm.
The landlord in this scenario would most likely be liable for the tenant’s injury because the steps were located in a common area of the apartment and the landlord had notice (knowledge) of the dangerous condition and did not have it repaired within a reasonable time.
2. A puddle of spilled orange juice inside a tenant’s apartment causes the tenant to slip, fall and break his arm.
In this scenario, the landlord probably wouldn’t be found liable for the injury because the puddle was inside of the apartment, and landlords typically aren’t responsible for this type of hazard in non-common areas.
3. A broken flagstone on a common-area walkway was reported to the landlord, who scheduled repairs and posted a warning sign about the dangerous condition. Before the repairs are completed, a tenant trips and falls on the broken flagstone and is injured.
Here, the landlord most likely wouldn’t be found liable for the tenant’s injuries because he took steps to have the hazard repaired and posted warning signs.
4. While making a delivery, workers damage common-area steps, creating a hazardous condition. Not long after the hazard was created, a tenant falls on the damaged steps and is injured.
In this example, the landlord probably wouldn’t be liable for the injury because he had no notice of the hazardous condition that caused it. The amount of time between the incident that damaged the steps and the fall accident was so short that it wouldn’t be “reasonable” to expect the landlord to know about and correct the damage.
5. Prior to a new tenant move-in, a routine inspection reveals leaky pipes in an apartment unit. The landlord, despite knowing about the leak, makes no effort to repair it. After moving in, a tenant slips on a wet spot on the floor caused by the leak and is injured. The landlord in this example most likely would be liable for the tenant’s injury because he was aware of the condition that led to the slip and fall (the leaky pipes) but did not fix it.
Discuss Your Case With An Experienced NYC Slip And Fall Lawyer
Who bears responsibility for an injury caused by an unsafe condition depends on the specific circumstances of the injury, including contractual obligations as laid out in the lease and landlord/tenant rights and responsibilities under New York law.
If you slipped or tripped and fell on rented property, it’s worth discussing the accident with a premises liability attorney who can advise you about your legal rights and options. David Resnick & Associates, P.C., have successfully resolved numerous slip and fall cases on behalf of clients. We look forward to the opportunity to assist you with your claim. For a free consultation, call or contact us today.
There are many factors to consider in any slip and fall case. The sooner you speak with a lawyer, the sooner you can begin taking steps to protect your interests.
Contact the injury lawyers at David Resnick & Associates, P.C., in New York City now for a no-cost evaluation of your case and free advice about your legal rights.