When you rent a home, you expect that it will meet certain minimum standards. In fact, under New York’s implied warranty of habitability, landlords are required to keep both the rental unit and the building itself safe and habitable. If a landlord fails to meet this basic legal obligation and a tenant is hurt as a result, they could file a personal injury lawsuit against the property owner.
There are many possible dangerous conditions that could cause injuries to a tenant and their guests, such as broken handrails, unsafe balconies, loose or damaged tiles, or slippery floors. If you were hurt at your home because of a negligent landlord, you may be able to file a personal injury claim against them. This may include seeking money for your medical bills, lost wages, pain and suffering, and other losses.
The Odierno Law Firm advocates for the legal rights of injury victims throughout Long Island. We offer free initial consultations to all prospective clients and never charge a fee unless we recover money for you. To learn more or to schedule an appointment with a New York negligent landlord attorney, reach out to our law offices today.
What Is Landlord Negligence?
Under New York’s landlord-tenant laws, both landlords and tenants have certain rights and obligations. In exchange for rent, landlords must provide tenants with a clean and safe place to live. They also have a duty to make repairs on their rental properties and keep public areas clean and free of vermin and garbage. A landlord cannot contract away these legal duties through a lease or rental agreement.
These laws specifically govern the landlord-tenant relationship. However, they are also useful when considering whether a landlord has been negligent in a way that has caused a tenant or one of their guests harm.
Negligence is a legal term that means the failure to use the level of care that a reasonable person would use in a similar situation. It may also be referred to as carelessness. If a reasonable person would have repaired a rotted-out wooden stair, for example, a landlord who fails to do so may be considered negligent.
There are many ways that a landlord might be considered negligent. This includes:
- Unshoveled or cleared sidewalks after a snow or ice storm
- Unsafe playground equipment in common areas
- Inadequate lighting
- Faulty elevators
- Broken handrails
- Loose or torn carpets
- Broken concrete, tile, or other flooring
- Electrical failure or shocks
- Failure to provide working smoke detectors
- Defective appliances
In some cases, a landlord may be held liable when a tenant is harmed by a third party – such as a violent assault in the lobby of the building. If a landlord knows of a hazardous condition, such as high rates of crime in the area, and fails to take steps to ensure their tenants’ safety, then they could be responsible for any injuries that result.
It is often difficult to know when you can file a claim against your landlord or another at-fault party. During a free initial consultation, our New York personal injury attorneys will listen to your story and offer you legal advice on your rights and options. If you choose to hire our law firm, we will fight for your right to maximum compensation.
When Can You File a Claim for Landlord Negligence?
Landlord negligence claims are usually a type of premises liability lawsuit. In premises liability claims, property owners can be held responsible for unsafe conditions on their property. This is a specific type of personal injury case that has slightly different standards.
To win a landlord negligence/premises liability claim, you will need to prove the following elements:
- You were lawfully on the property;
- The property owner knew or should have known about a dangerous condition on the property;
- The property owner failed to either repair the unsafe condition or warn others about it.
- You suffered injuries because of the property owner’s negligence.
This type of claim is often brought against a property owner, such as a landlord. It may also be brought against a property management company or any other party responsible for maintaining the property in a safe condition.
Your personal injury lawyer will gather evidence to prove that there was a dangerous condition on the property and that the landlord knew or should have known about it. For example, if the landlord had received notice of housing code violations, that may be evidence that they knew about the hazard. Similarly, if tenants had submitted maintenance requests for the issue but the landlord never fixed the problem – or fixed it in a way that didn’t make it any safer – then that proof could be used to hold the landlord liable.
In more unusual cases, a landlord could have engaged in intentional or reckless conduct that caused harm to others. For example, if a landlord knew that the wiring in a rental property was a fire hazard and made a decision to not replace it due to the expense, then that would likely be considered reckless. If a landlord physically assaults a tenant, then that would be intentional conduct.
Liability in any personal injury case can often be complicated. If you have any questions about a potential claim, don’t hesitate to call. We can help you understand your rights, and advise you of your options when it comes to pursuing legal action against your landlord or another at-fault party.
Landlords usually have insurance on their rental properties. This policy will cover losses associated with the property. However, both landlords and their insurers are often reluctant to pay out on negligence claims. Without legal representation, they may only offer a minimal amount in the hopes that you won’t file a lawsuit.
A personal injury law firm won’t simply accept a lowball settlement offer. They will put together the strongest possible claim for compensation, and aggressively negotiate for a fair settlement. If the insurance company refuses to negotiate in good faith and give you the money that you deserve, they will file a lawsuit and take the case to trial to ask a jury to return a verdict in your favor.
Most personal injury cases are resolved outside of the courtroom, such as through a settlement. Having an experienced personal injury lawyer is the best way to get the money that you deserve without having to take your case to court. When an insurance company knows that you are represented by skilled legal counsel, they will be more likely to settle your case – understanding that the possibility of going to trial and losing is much higher when an accident victim has an attorney.
Studies show that people who have a lawyer recover an average of 40% more than people who represent themselves in personal injury claims. These cases are handled using contingency fee agreements, which means that you pay nothing up-front and only pay a fee if your lawyer recovers money for you. The attorney’s fee will be a percentage of your total recovery.
Given the potential to get a much better outcome with a lawyer and that you won’t have to pay out of pocket to hire an attorney, it is almost always a good idea to have legal representation for personal injury cases. Call The Odierno Law Firm to schedule a no-cost, no-obligation consultation today to learn more about your rights and options.
Compensation in a Landlord Negligence Case
If you were hurt as a result of your landlord’s negligence, then you may be able to recover financial compensation for all of your losses. In personal injury cases, this compensation is referred to as damages. There are three potential types of damages for a personal injury case: economic, non-economic, and punitive damages.
Economic damages pay for your direct financial losses. They can be proven through documentation such as pay stubs, invoices, medical bills, and estimates. Examples of economic damages include medical expenses, future medical treatment, lost wages, reduced earning capacity, and property damage.
Non-economic damages pay for indirect financial losses. They can be harder to prove but are no less important than the types of losses that come with a bill. Examples of non-economic damages include pain and suffering, loss of enjoyment of life, emotional distress, scarring, and disfigurement.
Finally, punitive damages may be awarded in situations where a landlord acted intentionally or recklessly. They are awarded by a jury to punish a wrongdoer. While punitive damages aren’t available in every case, your Long Island personal injury lawyer can advise you about the possibility of obtaining punitive damages in your case.
So how do damages work in a landlord negligence claim? Consider a situation where a landlord’s failure to fix an appliance resulted in a small fire. The tenant suffered burns while trying to put out the fire.
They may be able to recover money for their property damages, medical bills, any time off of work to deal with the issue, any future medical care, scarring from the burns, emotional trauma after having a fire in their home, pain and suffering, and more. If the landlord knew that this appliance was potentially dangerous and chose to not fix it, they could also be liable for punitive damages as well.
Work with an Experienced Long Island Landlord Negligence Attorney
Your home should be a safe haven, whether you rent or own it. Unfortunately, irresponsible landlords often fail to properly maintain their rental properties. When tenants are hurt as a result, it can cause serious injuries – or even death.
Based in Melville, The Odierno Law Firm represents individuals who have been hurt in all types of accidents, including those linked to landlord negligence. We offer free initial consultations and handle all claims on a contingency fee basis. To learn more or to schedule an appointment with a Long Island landlord negligence attorney, give us a call at 631-933-1304 or fill out our online contact form.
