Reviewed by Jay S. Hausman, Esq.
Quick Summary: Apartment Accidents
- Liability: Landlords are responsible if injuries are caused by their negligence or ignored property hazards.
- Immediate Steps: Call 911, photograph the hazard, collect witness contacts, and get immediate medical treatment.
- Deadline: New York law enforces a strict 3-year statute of limitations from the accident date to file a claim.
New York State and Westchester County are home to various fantastic apartment complexes. In large part, these complexes are great places to live due to their diligent, hard-working landlords. However, in some cases, when landlords are negligent, serious accidents can occur. Please continue reading and speak with our knowledgeable Westchester County personal injury attorneys to learn more about apartment accidents, what you should do if you have been injured in one, and how our firm can help you recover the compensation you need in a premises liability claim. Here are some of the questions you may have:
Understanding Liability and Negligence in Westchester County Apartment Accidents
Property owners, including landlords, throughout the Lower Hudson Valley Region are legally obligated to ensure their premises are safe for residents and lawful visitors. Failure to maintain safe premises can result in injuries and subsequent liability. Unfortunately, when property owners fail to inspect and maintain conditions on the premises, hazards can arise, resulting in injuries or even wrongful death.
What Most Frequently Causes Apartment Accidents?
- Defective or missing smoke/carbon monoxide detectors
- Harmful molds or asbestos in the air supply
- Damaged flooring, stairways, staircases in disrepair, or unstable balconies
- Insufficiently lit parking lots, common areas, and inadequate lighting
- Malfunctioning elevators and poorly maintained apartment pools
- Hazardous premises conditions left unaddressed during poor weather conditions
Common Injuries Sustained Due to Landlord Negligence
- Lacerations, contusions, and soft-tissue injuries
- Herniated discs
- Spinal cord injuries
- Broken or fractured bones
- Traumatic Brain Injuries (TBIs)
- Dental injuries, including cracked or lost teeth
- Scarring and disfigurement
- Long-term mobility issues
Are Landlords Responsible for Apartment Accidents?
In most cases, the answer is yes. Landlords must ensure your apartment is in working condition before renting it out. This means inspecting it to ensure there are smoke/carbon monoxide detectors installed, the floors are not damaged, elevators are not malfunctioning, the complex parking lot is safe, and more. If you were injured, sustained damages, and can prove that your landlord knew or should have known about the unsafe condition, there is a very good chance that you will qualify for financial compensation.
It’s important to understand that, in order to successfully pursue a claim against the negligent party, you bear the burden of proof requiring you to show that the injuries you have suffered are a direct result of the negligence of the landlord or property owner.
Because premises liability lawsuits are typically highly complicated, working with experienced legal representation is critical, helping you strengthen your claim to fight for the compensation you deserve.
What Should I Do If I am Injured in an Accident?
If you are injured in an apartment accident, the first thing you should do is call the police. From here, you should take pictures of any unsafe conditions before they are cleared away. Next, ask any witnesses of your accident for their contact information, including their name and phone number, and then, once you are treated in the hospital, do not leave without receiving medical documentation relating to your injuries and their extent. Finally, retain the services of an experienced New York personal injury attorney who can gather and present all additional evidence needed to satisfy the burden of proof on your behalf.
Step-by-Step Actions After a New York Apartment Accident
- Call 911 immediately: The police will dispatch an ambulance and file an official accident report documenting the scene.
- Document the hazard: Taking photos of the accident scene, including the hazardous condition that caused your injuries, is critical.
- Gather witness testimony: Obtain names and contact numbers from any witnesses who can corroborate the events leading up to the accident.
- Seek prompt medical attention: You should immediately go to a hospital, urgent care center, or your primary care physician to ensure that any injuries are immediately treated and paperwork can help link your injuries to the accident.
- Secure legal counsel: Retain a skilled attorney who can immediately work to recover time-sensitive evidence, such as building security camera footage, before it is erased.
What Is the Statute of Limitations for Apartment Accident Claims in New York?
If you are injured in an accident, you will have to file your personal injury claim within the statute of limitations. The statute of limitations for personal injury claims in New York State is three years, which means that you will have three years from the date of your accident to take legal action against the party responsible. If you wait any longer than three years, you will most likely be time-barred from suing. Our firm is ready to help you today.
It’s important to understand that, unfortunately, evidence can often vanish, meaning you should avoid the mistake of putting off your filing. As such, it’s in your best interest to immediately contact an experienced personal injury attorney to help ensure you can meet all required legal deadlines, ultimately safeguarding your right to pursue compensation for the damages you have suffered.
Contact Our Experienced Westchester County Firm
If you are injured in your apartment or anywhere on the premises due to the negligent actions of your landlord, property manager, or property owners, it’s imperative to connect with an experienced personal injury attorney with the Hausman Law Group. Our firm understands how difficult these matters can be to navigate, which is why we are ready to fight for you. Contact us today to learn how our firm can help you.