Question

Can I sue my landlord in New York for injuries inside the building?

Stephan H. Peskin - Personal Injury - General - Super Lawyers

Answered by: Stephan H. Peskin

Tolmage, Peskin, Harris, Falick
New York, NY
Phone: 877-371-2509
Fax: 212-608-4959

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Answer

In some cases, yes, whether you are the tenant or a guest of a tenant. In general, a landlord must keep the building in good repair and prevent a dangerous condition from causing an injury. If the landlord fails to do so and you are injured in a way that results in a hospital stay or doctor's treatment, you may be able to sue for money damages and you should contact a personal injury attorney.

In general, one of the elements our lawyers have to prove in these cases is that the landlord knew of the defective condition for a sufficient period of time and failed to remedy the condition or that the landlord actually created the condition. Therefore, it is important to report all complaints to the landlord, its agent or the superintendent in writing and keep a copy for yourself. This can be as simple as calling 311 and getting a complaint number.

Common situations where we have seen people seriously injured due to the negligence of their landlord in a New York apartment building or co-op include:

  • Falling on a defective stairway; a defective stairway can be defined as a stairway that is broken or uneven, faulty or missing handrails, or slippery as a rsult of the landlord's failure to keep the common area clean and free of debris
  • Being injured when a piece of a wall or ceiling falls on them
  • Children being exposed to lead-based paint
  • Being injured as a result of fires or smoke inhalation, especially when smoke detectors were not installed properly
  • When the landlord fails to equip an apartment with window guards, resulting in injury to a child
  • Being scalded by excessively hot water from the shower, bathtub sink or hot water heater
  • When the landlord fails to keep the sidewalk in front of the building in good repair, causing you to trip and fall, or fails to properly remove snow or ice
  • Being physically assaulted because the landlord failed to supply a securely locked front door

If you have been injured due to the negligence of your landlord, contact a premises liability attorney, today, to discuss your legal rights.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

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