Landlords in New York City must provide safe properties that are free from known defects. When an NYC landlord violates that duty and you slip and fall and suffer injuries on their property as a result, you will have a right to sue that landlord for your damages.
The New York City personal injury lawyers at Friedman, Levy, Goldfarb & Green, P.C.. represent tenants and other individuals who are injured in slip and fall accidents on leased properties. Your right to collect these damages from a landlord will ultimately depend on whether the landlord knew about hazardous conditions– but either failed to fix them or failed warn tenants and other guests about them.
When is an NYC landlord responsible for slip and fall damages?
An NYC landlord or the insurers that cover the property will be responsible for damages if they knew or should have known about a hazard, and if the landlord could reasonably foresee that the hazard would cause injuries. Finally, they would be liable, if the landlord had a chance to fix it or to place warnings about it– before a slip and fall injury happened.
How can a personal injury lawyer prove that an NYC landlord was negligent?
A New York City slip and fall lawyer will focus on the facts of an accident to show that landlord violated a duty to provide safe premises. Those facts might show, for example:
- that the landlord was warned about liquid spills, broken sidewalks, loose handrails, or other dangers on the property and did nothing to repair or remedy the problem.
- that snow and ice accumulated on the property with no attempt by the landlord to provide clear walkways.
- that the landlord ignored routine maintenance.
- that NYC issued building code violations that the landlord ignored.
- that the landlord knew about crimes in the neighborhood of the property but did not provide any security for building guests and residents.
In every case, the personal injury lawyer will use the facts to demonstrate that the landlord’s knowledge of the hazard was better than the tenant’s or guest’s knowledge. Moreover, the injured party could not have avoided injuries even if that party exercised care and diligence to keep from getting hurt.
Can an NYC landlord use a lease agreement to avoid slip and fall liability?
An NYC landlord cannot use a lease agreement to avoid a responsibility to provide safe premises for tenants and guests. A lease agreement, however, might impose certain obligations on a tenant that can affect the outcome of against the landlord. Before filing a lawsuit on behalf of a tenant, a personal injury lawyer will typically examine a lease to determine if the tenant was required to maintain liability insurance or to clear snow and ice as a condition of the rental. If a guest is injured on a landlord’s property, the landlord might point to certain provisions in the lease to shift liability to a tenant.
Before signing any lease agreement, a tenant should make sure that they understand all of the obligations that the lease imposes upon the tenant. If anything is not clear, the tenant should consult with an attorney for clarification. If the tenant or a guest does suffer injuries in a slip and fall accident, then that individual should seek immediate medical assistance. Then they should contact a knowledgeable and experienced lawyer for assistance in recovering compensation for any losses and injuries.
Contact us for a free consultation
The New York City slip and fall attorneys at Friedman, Levy, Goldfarb & Green, P.C. represent victims in lawsuits against landlords. Please see our website or call our Manhattan offices directly when you are injured in a fall. We will fight to recover the full amount of your damages from the landlord and any liability insurers.