If someone slips and falls in an apartment complex, they could end up suffering serious injuries. As such, if you have endured serious injuries as a result of unsafe conditions in your apartment complex or even your rental unit, understanding your legal options is critical. Our Westchester County sidewalk accident attorneys can help you sue for damages and determine who should be liable for your accident.
Who Is Responsible for Keeping an Apartment Complex Safe?
While determining liability for an apartment complex slip and fall may seem straightforward, it’s important to understand that multiple parties may face liability for injuries. This is because multiple parties may be responsible for maintaining safe premises. Regardless, it’s important to understand that liability generally depends on ownership, control, and maintenance duties.
Potentially Liable Parties
Parties that are commonly held liable for slips and falls in apartment buildings include:
- The property owner/landlord
- Maintenance contractors
- The property management company
- Janitorial services
- A negligent tenant (in limited circumstances if they create a hazard)
A Landlord’s Legal Duties
It’s imperative to understand that, in New York, a landlord has a legal obligation to maintain safe premises, including common areas like hallways and parking lots. This means:
- The property must be kept in reasonably safe condition
- Landlords must repair hazards they knew or should have known about
- Landlords must regularly inspect the premises
- The property must be in compliance with local and state codes
Who Can Sue After a Slip and Fall at an Apartment Complex?
While you may assume that only tenants who live in a building are eligible to file a claim, this is far from the truth. In fact, you’ll find that anyone legally on the premises may be able to bring a claim for unsafe conditions, depending on the circumstances of the slip and fall in Westchester County.
Individuals Who May Bring a Claim
- Tenants injured in common areas or inside their unit (depending on landlord control)
- Guests legally invited onto the premises
- Delivery driver
- Contractors
- Home health aides
It’s important to understand that the duty of care you are owed, however, will depend on your status on the property.
Tenant-Created Hazards
It’s important to understand that a tenant is typically barred from filing a claim against the landlord when:
- They create the hazard themselves
- The danger existed solely inside their unit, and they exert exclusive control\
- The landlord had no notice of the condition
For example, you would be unable to sue if you tripped and fell over a rug that you placed in your unit. However, if there is a leaky pipe in your unit that you have alerted the landlord to that has gone unrepaired, and you suffer a slip and fall, you may have a valid claim.
Common Causes of Slips and Falls in Apartments in New York
Unfortunately, slips and falls are among some of the most common injuries due to how many different hazards that can lead to this accident. As such, some of the most common hazards include:
- Wet floors
- Uneven flooring
- Loose carpeting
- Wires or cords
- Unsafe stairs
- Poor lighting
- Broken handrails
- Debris in common areas
- Uncleared snow or ice on sidewalks and walkways
- Lack of signs after cleaning
How To Prove Liability in New York
To bring a successful premises liability claim in New York, you’ll need to show that your landlord was negligent in their actions. This is typically achieved by showing the four elements of negligence.
Key Negligence Elements
In order to prove negligence, you must show that the following is true:
- A dangerous condition existed on the property
- The landlord or manager, who is responsible for maintaining the property, knew or should have known about the hazard
- They failed to remedy the condition or warn of the danger in a reasonable time
- You suffered injuries as a result
What “Notice” Means
It’s important to understand that one element involves notice. This refers to how the landlord was informed of the hazard. Actual notice means they were directly informed of the condition, like a tenant emailing about a hazard. Constructive notice means that the hazard existed for a period of time that the landlord should have known about it through routine inspections.
What Injuries Commonly Result from Apartment Slip and Falls?
Slip and fall accidents can cause all sorts of injuries, and many of them are quite serious. In fact, slips and falls were the leading cause of death in individuals over 65 in prior years, highlighting the severity of these accidents. We have worked with clients who have suffered:
- Broken bones
- Concussions and brain injuries
- Broken hips
- Back injuries
- Damage to joints, like knees
- Spinal cord injuries
Some of these injuries could end up affecting you for life. That is why you need to fight for a fair and reasonable compensation package that covers any past and future medical care that you need.
What To Do After a Fall in a Westchester County Apartment
Taking the proper precautions following an accident in an apartment complex is critical to protecting your claim. As such, you should do the following:
- Take photos and videos of the conditions
- Seek immediate medical attention
- Report the accident to your landlord
- Obtain the contact information of witnesses
- Photograph the soles of shoes and refrain from wearing them again
- Request relevant maintenance logs
What Should My Compensation from a Slip and Fall Case Cover?
Your medical expenses may not be the only thing to worry about after a slip-and-fall accident, though. An attorney can also help you sue for damages that help make up for:
- Lost wages
- Any loss of earning potential
- A loss of enjoyment
- Emotional distress
- Pain from disfigurement or disability
- Any other pain and suffering you experienced as a result of your accident.
You might get a check from an insurer and think that you should just take it and get things over with. Don’t. Instead, work with our lawyers and fight for the kind of compensation that you deserve.
Talk to a Westchester County Personal Injury Attorney Today
Sustaining a slip and fall can be incredibly serious, resulting in several injuries that can have a long-term impact on your case. Even if you are not sure that you want to move forward with suing, contact our law firm. We have helped plenty of accident victims like you here at Hausman & Pendzick, and we are ready to advocate on your behalf. Schedule your consultation today.