Apartment Building Hazards: Tenant Rights After a Premises Defect Injury
If you’re renting in New York, the law makes it clear: when a landlord neglects their property, and you get hurt because of it, you have the right to demand accountability and get compensated. Knowing your rights is really important if you’ve been injured due to a problem with your building.
Responsibilities of Landlords in New York
Landlords in New York are legally required to keep their buildings safe and livable. This includes keeping common areas like hallways, staircases, elevators, and entryways reasonably safe for everyday use.
You have the right to expect that issues like broken stairs, poor lighting, water leaks, or unsafe floors will be fixed without delay. If that doesn’t happen, your landlord might be breaking housing codes and ignoring their responsibility to keep you safe.
In case of an accident, here are some of your rights as a tenant;
The Right To Hold Your Landlord Responsible
One of your main protections as a tenant is being able to take action if your landlord knew or should have known about a dangerous condition and did nothing. If you reported a hazard and your landlord ignored it, that can help prove they actually knew about the problem.
Even if you didn’t file a complaint, your landlord can still be responsible if the issue was around long enough that they should’ve noticed it during routine inspections. This is called constructive notice.
Right To Seek Damages
If you get hurt because your landlord didn’t take care of the place, you can file a personal injury claim and seek damages. This can include compensation for medical expenses, lost wages, rehab costs, and even pain and suffering.
New York uses the comparative negligence rule, which means you can still get some compensation even if you’re partly at fault. However, the amount of compensation is reduced depending on how much blame you share.
This is especially crucial because landlords sometimes argue that tenants should have “noticed” the hazard. Even then, you may still have a strong case.
The Right To Gather Evidence
Tenants have every right to collect evidence after an injury. Take photos of the hazard, gather maintenance, incident reports, and medical records, and take statements from anyone who saw what happened. These records help your case.
Protection From Retaliation
An important thing we need to mention is that tenants are protected under New York law when asserting their rights. They cannot be legally retaliated against for reporting unsafe conditions or pursuing a legitimate injury claim. For example, a landlord cannot evict you or increase your rent because you sued them.
Protecting Yourself After an Apartment Injury
Here are some important steps to take after an apartment accident to protect yourself;
- Seek medical attention immediately and keep all medical records
- Take photos or videos of the hazard and the surrounding area
- Report the incident to your landlord in writing
- Keep copies of bills, prescriptions, and missed work records
- Collect witness names and contact information
- Do not give detailed statements to insurers too early
- Avoid accepting quick settlement offers without legal advice
Taking these steps can help protect your rights and strengthen any potential premises liability claim you file.
Contact Us for Legal Guidance
If you were injured due to unsafe conditions in your apartment building, you may have significant legal rights under New York law. Contact a skilled Long Island premises liability lawyer today at Jacobson Law to understand your rights and for help protecting them.
