Apartment Building Injuries In New York
Living in New York City comes with many conveniences, but it also means that accidents can happen in the very places where we live. If you’ve been injured in an apartment building, you may be wondering what your legal options are and whether you can hold someone responsible for your injuries. As the founder of Jonna Spilbor Law, I’ve helped countless clients in situations just like yours. Whether it’s a slip and fall, a defective elevator, or a poorly maintained building, New York personal injury law may provide you with the opportunity to recover compensation for your losses. But to do that, you need to know your rights and how to proceed.
New York City apartment buildings, like all properties, must be maintained to ensure the safety of tenants and visitors. When a property owner, landlord, or management company fails to maintain a building properly, they can be held responsible for injuries that occur as a result. These injuries can range from minor injuries to severe injuries such as broken bones or spinal cord injuries. In New York, property owners have the legal responsibility to keep their premises safe.
The Most Common Types Of Apartment Building Injuries
Injuries in apartment buildings can happen in various ways. Some of the most common types of accidents include:
- Slip and Falls – Wet floors, uneven stairs, or icy sidewalks are all hazards that can cause severe injuries. Under New York premises liability law, property owners are required to maintain safe conditions. If they fail to do so, they may be held liable for your injuries.
- Elevator and Escalator Accidents – Faulty elevators or escalators can cause severe injuries, and it’s the responsibility of the property owner to ensure they are regularly inspected and maintained. Under the New York Multiple Dwelling Law (MDL), elevators must meet specific safety standards.
- Inadequate Security – If you’ve been the victim of a crime in your apartment building due to inadequate security, such as broken locks or a lack of surveillance, the building owner may be liable for your injuries.
- Fires and Smoke Inhalation – Apartment fires can cause devastating injuries. If faulty wiring, inadequate fire alarms, or poor building maintenance contributed to the fire, you may have a valid claim.
- Lead Paint or Mold Exposure – Long-term exposure to hazards like lead paint or mold can lead to serious health issues. Property owners are legally obligated to address these hazards, especially in older buildings where these issues are more common.
New York’s Premises Liability Law And Duty Of Care
In New York, property owners have a legal obligation, or “duty of care,” to maintain their buildings in a reasonably safe condition. According to New York’s premises liability laws, landlords must take reasonable steps to ensure that common areas, such as hallways, stairwells, and elevators, are safe. If a hazardous condition exists and they fail to correct it or warn tenants about it, they may be held liable for any injuries that result.
Under New York Civil Practice Law and Rules (CPLR) ยง 214, you have three years from the date of the injury to file a personal injury lawsuit. This statute of limitations is important because if you fail to file within this time frame, you may lose your right to recover compensation. However, in cases involving municipal buildings or housing authorities, the timeline for filing a claim may be much shorter, and additional requirements may apply. This is why it’s critical to consult with an attorney as soon as possible after your injury.
Establishing Negligence In Apartment Building Injury Cases
To successfully file a personal injury claim for an apartment building injury in New York, you must prove that the property owner or landlord was negligent. Negligence in these cases involves showing that:
- The property owner had a duty to maintain the premises in a safe condition.
- The property owner knew or should have known about the hazardous condition.
- The property owner should have fixed or warned about the condition in a timely manner.
- Your injury was directly caused by this hazardous condition.
For example, if you slipped on a wet floor in the lobby of your apartment building and the property owner or manager knew about the wet floor but failed to put up warning signs or clean it up, they may be found negligent.
Comparative Negligence In New York
New York follows a “comparative negligence rule,” which means that if you were partially at fault for your accident, your compensation may be reduced by your percentage of fault. For instance, if you were distracted by your phone while walking down a poorly lit staircase and fell, the court may determine that you share a percentage of the blame for the accident. If you are found to be 20% at fault, your compensation will be reduced by 20%.
This rule is important because even if you believe you might share some of the responsibility for your accident, you may still be entitled to compensation. A skilled personal injury lawyer can help you build a strong case and maximize your recovery, even in cases of shared fault.
New York Apartment Injury FAQs
What Is Premises Liability In New York?
Premises liability refers to the legal responsibility of property owners to maintain a safe environment for tenants, visitors, and guests. If a property owner fails to meet this responsibility, they can be held liable for any injuries that occur as a result of hazardous conditions on their property.
What Types Of Injuries Are Covered Under Apartment Building Injury Claims?
Apartment building injury claims can cover a wide range of injuries, including slip and fall accidents, elevator accidents, injuries caused by inadequate security, exposure to harmful substances like mold or asbestos, and more.
Can I File A Claim If I Was Partially At Fault For The Accident?
Yes. Under New York’s comparative negligence law, you can still recover compensation even if you were partially at fault for the accident. Your compensation will be reduced based on your percentage of fault.
What Kind Of Compensation Can I Recover In An Apartment Building Injury Case?
You may be able to recover compensation for medical expenses, lost wages, pain and suffering, and other damages resulting from the accident. The amount of compensation will depend on the severity of your injuries and the specifics of your case.
Small Firm Attention, Big Firm Resources
If you’ve been injured in an apartment building accident in New York, don’t wait to get the legal help you need. At Jonna Spilbor Law, we understand the challenges that come with personal injury cases, and we are here to fight for your rights. Contact our apartment building injury lawyer in NYC at Jonna Spilbor Law by calling our Poughkeepsie office at 845-485-2529 or our New York City office at 646-922-9799 to receive your free consultation.
