Tenants put a lot of trust in their landlords to provide a safe environment for them. If landlords leave hazardous conditions unattended, tenants are at risk of catastrophic injuries. Legally, a landlord owes tenants a certain duty of care. This means they have a legal obligation to maintain a safe environment for their tenants. If they fail to do so they may be held civilly liable for damages. If you or someone you love has been injured in an apartment accident due to a landlord’s negligence, contact an experienced New York City Apartment Accident Attorney who can help you recover economic and non-economic damages.
What are some common causes of apartment accidents?
Apartment accidents are more common than most people realize. There are several ways apartment accidents can occur. The leading cause of apartment accidents is negligence. If dangerous conditions are neglected, they pose a threat to tenants and guests. Life-altering injuries may result. The most common causes of apartment accidents include:
- Unsafe stairwells
- Wet or damaged flooring
- Cracked pavements
- Inadequate lighting
- Mold or asbestos
- Defective smoke and carbon monoxide detectors
- Lead paint
- Poor weather conditions
- Dangerous apartment pools
How can I fulfill the burden of proof?
In New York, victims can only hold their landlords civilly liable for damages if they can satisfy the burden of proof. Under premises liability, landlords must keep their grounds free of hazards to ensure tenants and guests are out of harm’s way. Victims must prove that a landlord knew or should have reasonably known about the hazardous condition that led to their injuries and failed to fix them. To fulfill the burden of proof, a victim should:
- Seek immediate medical attention
- keep any pertinent medical records that prove the origin and extent of your injuries
- Call 911
- file an accident report
- Take photos and videos
- capture evidence of the unattended hazardous condition that led to your injuries
- if a landlord neglected to display a hazard sign warning tenants of the dangerous conditions
- ask any witnesses for their contact information
- witnesses can back up your claims and corroborate factual information about the incident
- Hire an experienced New York City apartment accident attorney
- a qualified attorney can help a victim investigate the facts of the case and help gather evidence of negligence
If a victim gathers this type of evidence, they may be entitled to financial compensation for their damages. Landlords are responsible for keeping their premises safe. Victims have three years to file a claim against a negligent party. If they fail to file a claim within this time frame, they will be barred from ever doing so in the future. If a victim waits too long they may miss their opportunity to recover damages for their injuries. It is important to retain a skilled attorney who can help you get the ball rolling.
If you have been injured in an apartment accident due to a landlord’s negligence, don’t hesitate to contact one of our devoted and trusted attorneys. Our firm is ready to fight on your behalf and help you seek the justice you deserve.