Who Can Sue Their Landlord In Winter Slip/Trip and Fall Incidents? NYC Slip, Trip & Fall Injury Attorney Glenn & Robin Herman Explain.
Slip/trip and fall incidents in New York are more likely to occur during the winter months due to the presence of ice and snow. Because of medical bills and current and future lost wages, slip/trip and fall injuries can be a major financial burden for the injured party.
If you have experienced a slip/trip and fall injury this winter, you are likely wondering who the responsible party is in your injury case, and whether or not you can recover damages from them. Your landlord may be responsible for your injury if it occurred on building premises due to their negligence. Landlords are legally obligated to maintain safe conditions for tenants and visitors at their rental properties in the state of New York.
In this article, New York City personal injury attorneys Glenn & Robin Herman explain when landlords are liable for slip/trip and fall injuries.
What Are the Most Common Causes of New York Slip/Trip and Fall Injuries?
Slip/trip and fall injury cases involve injuries that occur as a result of hazardous conditions on property owned by someone other than the injured party. The most common causes of slip/trip and fall injuries include:
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Uneven or slippery surfaces
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Crumbling stairs
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Wet or icy floors
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Exposed electrical wiring
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Raised flooring
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Falling debris
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Obstructed pathways
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Poorly lit walkways
If you have experienced a slip/trip and fall injury in Manhattan, Staten Island, Queens, Brooklyn, or the Bronx, you may be entitled to financial compensation to recover the losses you have suffered. If your injury occurred in or on the premises of an apartment building, or on the sidewalk in front of the building, the landlord of the building may be liable for your injury.
When Are Landlords Liable for Slip/Trip and Fall Injuries?
There are many reasons why you may sustain a slip/trip, or fall injury at your apartment complex. Landlords are only legally liable for situations where it can be shown that their negligence has caused an injury. In general, landlords are liable if the risk that caused the injury in question were foreseeable and if the landlord had the opportunity to correct the risk and failed to do so.
This includes:
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Injuries caused by accumulations of snow or ice in public areas around the rental property, occurring when a landlord knew or should have known about the accumulation, but failed to remove it in a reasonable amount of time.
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Injuries caused by building code violations, which include, but are not limited to, broken floorboards, inadequate treads on steps, unmarked curbs or dropdowns, missing handrails on staircases, and dangerous or incorrectly positioned downspouts.
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Injuries caused by other property defects that result in dangerous conditions for tenants.
However, each injury and each situation is unique, so it is best to discuss your case with a New York personal injury attorney who has experience handling slip/trip and fall cases that involve landlord negligence.
What Do You Have to Show to Recover Slip/Trip and Fall Damages from Your Landlord?
Slip/trip and fall lawsuits involving landlords and tenants are encompassed by general liability law. To recover damages through a settlement or a verdict in court, the injured party and their legal representing will have to show that:
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the landlord had a duty to the injured person to provide safe premises.
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the landlord breached or failed to carry that duty.
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the breach or neglect of duty on the part of the landlord was the direct cause of the injury.
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the injured person suffered losses (including economic damages) as a result of their injury.
It is important to remember that a landlord’s duty to provide safe premises extends to tenants, guests, and other people who are rightfully on the premises.
To find out more about your rights in these cases, read Herman & Herman’s page on slip/trip and fall injuries in New York.
About New York City-based slip and fall injury lawyers Herman & Herman Personal Injury Attorneys
Our New York City Personal Injury attorneys take the time to learn every aspect of your case during our initial meeting in order to properly evaluate the full extent of the damages you or a loved one have suffered. We have been representing seriously injured New Yorkers for over 25 years. Born, raised, and living in the City, we know that when you have been injured in this town, you need an attorney to protect your rights and explain the law to you in a way you can understand.
For a no charge consultation today to discuss the details of your injury event: https://hermannyc.com/free-case-consultation/
We represent clients in all five boroughs of New York (NY): Manhattan, Staten Island, Queens, Brooklyn, and the Bronx, along with Suffolk County & Nassau County on Long Island, Westchester County, Rockland County, and throughout the entire state of New York.
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