Can I Sue My Landlord for Personal Injury ?

Residing in a rental property can have its trade-offs. While tenants are often spared some of the headaches and responsibilities of home ownership, they often havedifferent frustrations: other residents, rules for living, andlong waits for needed repairs and maintenance.

But when overdue maintenance poses a health or safety hazard, what was once an annoyance can become an immediate danger. If you’ve experienced an injury or illness due to a New York landlord’s failure to provide property maintenance or safe living conditions, you may be able to hold your landlord liable for negligence. Our personal injury attorneys can help you get the compensation you need.

Common Hazards Caused by Landlord Negligence

New York state law mandates certain rights for tenants of rental properties, including: 

• Living spaces that are free from pests, leaks, and other unsafe conditions
• Properly functioning smoke and carbon monoxide detectors on the premises
• Proper garbage removal
• Sufficient lighting in common areas
• Functioning locks
• Clean running water and appropriate plumbing

As a tenant, you have the responsibility to not cause damage to the property, but any damage that is not within your control is the responsibility of the property owner.

Common types of hazards due to landlord negligence include:

Mold, lead paint, carbon monoxide, and other toxins

Safe living conditions include protection from exposure to toxic materials. Many older buildings contain lead paint or asbestos, both of which must be removed and disposed of properly by professionals. Mold can arise due to improper ventilation and moisture buildup and cause ongoing respiratory illness or other health problems. Poor ventilation and faulty equipment can also contribute to a buildup of carbon monoxide.

If you experience illness that seems to improve when you’re not in the home or have been dealing with a prolonged illnesswithout any relief, you may be experiencing exposure to toxic materials in your home.

Slip and fall risks

Icy walkways, a lack of railings on balconies or staircases, or loose steps should be repaired or de-iced for the tenants’ safety. If the property owner fails to remove these types of risks, they may be held liable for damages resulting from injuries to a tenant or their guests.

Electrical shock injuries and burns

Poorly maintained or installed home appliances provided by the landlord, or poor electrical wiring in general, can cause electric shock or burn-related injuries. They can also pose a risk of building fires, which could result in greater injury, loss of personal property, and even wrongful death.

When Can I Sue My Landlord for a Personal Injury? 

If you’ve been injured in your leased or rented home, a skilled attorney can help advocate for the compensation you need to get your life back.

Your attorney will have to prove that the injury was a result of negligence. To do so, they will have to verify the four key components of negligence:

Duty of care

Was the hazard that caused the injury something that the landlord was responsible formaintaining or preventing? 

For example, if a tenant slipped on ice in front of the property, was it in an area that the landlord was supposed to have shoveled and salted? If the fall occurred in the street in front of the building, which is under the care of the city, then the landlord would not have had a duty of care over this area. If the fall occurred on the walkway leading into the building, the landlord most likely would have a duty of care.

Breach of duty

If the landlord was found to have a duty of care, did they fail to uphold that duty?

In our example above, if the tenantfailed tomaintain the walkway so that tenants and guests could safely enter the building during icy weather, this would be considered a breach of duty.

Causation

If the personal injury attorney has established the first two criteria of negligence, they will then need to establish causation. In the example of the icy walkway, was the fall directly caused by the icy condition itself?If the tenant had somehow tripped on a dry area because they were tangled up in their dog’s leash, then the causation would not be due to a landlord’s negligence.

Damages

There must have been actual harm to pursue a negligence claim. If the tenant fell on the ice but was in no way injured and faced no lasting impact on their life, they would have no negligence case to file against the landlord.

Once the four components of negligence have been established, your attorney can proceed with your case to help you receive the compensation you need for your medical care, pain and suffering, lost wages, and other burdens related to your injury.

BLOG:New York Negligence Law: When Do You Have a Case?

What to Do if You’veBeen Injured Due to Suspected Landlord Negligence

If you’ve been injured in your rented New York home or apartment and suspect that your accident was caused by your landlord’s negligence, there are a few steps you should take immediately.

• Seek medical attention.As with any accident resulting in injury, put your own health and safety first.
• Keep detailed records of the accident.This includes any written correspondence with your landlord regarding the hazard, including texts, emails, or notes. Take photos of the hazard and of any visible injuries you have. Keep all medical records pertaining to your treatment after the accident.
• Seek legal representation. A skilled New York personal injury attorney can help you prove negligence and advocate for your rights.

Injured Due to a Landlord’s Negligence? Contact Feroleto Law

If you or a loved one have been harmed by the negligence of a landlord in Buffalo or anywhere else in New York State, our attorneys can help you get the compensation you need to get your life back.

Call our office at (716) 854-0700 or fill out our contact form to schedule a free and confidential consultation.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Sources:

https://www.alllaw.com/articles/nolo/personal-injury/landlord-liable-tenant-injuries.html

https://www.nyc.gov/site/hpd/services-and-information/tenant-bill-of-rights.page