Property owners in New York have certain standards to which they are held. They are accountable for ensuring that their premises are safe and free of hazards for all individuals who enter, including customers, tenants, and visitors. As such, if you have been injured in a slip-and-fall accident in a rented apartment, you may be able to hold your landlord responsible. Please continue reading as we explore your legal rights in further detail and how a determined New York City Apartment Accidents Lawyer can assist you.
Can I Seek Compensation for a Slip and Fall Accident in a Rented Apartment?
In New York, landlords have a legal duty to maintain safe living conditions for tenants, including common areas. This obligation encompasses a wide range of responsibilities, such as maintaining the structural integrity of the building, ensuring the proper functioning of electrical and plumbing systems, promptly addressing any safety hazards, and taking reasonable measures to prevent accidents and injuries. This is considered premises liability.
If you slipped and fell in a rented apartment due to a hazardous condition that your landlord knew or should have reasonably known about and failed to fix, they can be held liable for your injuries. Examples of potential hazards in rented apartments include:
- Loose floorboards or carpeting
- Improper lighting
- Cracked steps or missing handrails
- Potholes in the parking lot
- Uncleared weather-related hazards (snow or ice)
- Wet surfaces (spills left unattended)
- An unsafe balcony
- Defective elevator
- Failure to install smoke or carbon monoxide detectors
What If My Landlord Doesn’t Provide a Fit and Habitual Rental?
It’s important to note that every state requires landlords to provide livable rentals, meaning they must meet certain health and safety standards. This is referred to as the “implied warranty of habitability,” as it applies even when the lease or rental agreement doesn’t stipulate the duty or tries to waive the duty. New York has ordinances that require landlords to provide fit rentals.
Landlords who fail to adhere to their state’s bare minimum health and safety standards are likely responsible for injuries their tenants endure as a result. In these cases, injured tenants seeking compensation for their damages must demonstrate that their landlord violated the implied warranty of habitability. For example, you must show that the city has cited the landlord for code violations or that other tenants have complained the the local health and safety board and that the inferior living conditions were the direct cause of the injuries.
At The Bàez Legal Group, we are prepared to help guide you through each step of the claims process ahead and fight for the justice you deserve. Connect with our firm today for more information and skilled representation.
