Can My Landlord Be Held Liable For My Injuries?
Posted on January 13, 2022 in Firm News
New York state law says that, in every written or oral rental agreement, an implied warranty of habitability exists (this applies to rental property). What does this mean to the renter? In essence, for the tenants who rent from them, landlords have an obligation to maintain the property. It should not be detrimental to the renter’s safety, health, or life. It should not be hazardous or dangerous.
So, if you’ve been injured on the property you rent, you may be wondering, “Can my landlord be held liable?” If their “duty” is breached through negligence, and because of a property-related dangerous condition a tenant is injured, to compensate for the injury, the landlord can be sued by the tenant.
According to New York, there are some specific duties owed to tenants by landlords.
Landlord Duties to Their Tenant
Under New York law, some legal requirements for landlords include the following:
- In common areas, walkways, and hallways, they must provide adequate lighting to protect tenants from criminal harm and to prevent injuries.
- Fire escapes must be kept in working order.
- Nowhere on the property can lead paint have been used.
- The premises must be kept free of disease mold.
- They must maintain the property to keep it free of bugs, insects, rats, mice, cockroaches, vermin, etc.
- Common areas in the rental building (apartments) must be maintained and kept free from unsafe conditions.
- Electrical systems, heating systems, and plumbing must be maintained and kept in good working order.
- In apartment buildings and one- and two-family home units, carbon monoxide and smoke detectors must be provided.
To give the landlord ample opportunity to correct or repair any condition, sufficient notice must be given by a tenant. To compensate for a tenant’s damages, if a tenant is injured on the premises as a result of an unsafe environment, breach of duty, negligence, etc. – on the part of the landlord – the tenant may file a lawsuit against the landlord.
In order to win a lawsuit against a landlord, and prevail on their damage claims, certain elements must be proven by tenants. The following elements must be proven in order for a tenant versus landlord personal injury claim to be successful:
- On the premises where the accident occurred, the landlord had a “duty to maintain.”
- The landlord failed to rectify a dangerous condition, even though they knew about it.
- It wouldn’t have been particularly time-consuming nor unduly expensive for the landlord to fix the dangerous condition.
- The direct cause of the tenant’s injury was the failure of the landlord to maintain the premises in a safe manner.
- The tenant suffered damages because the landlord didn’t maintain the premises in good repair. Therefore, the landlord breached their “duty to maintain.”
Have You Been Injured As a Result of Your Landlord’s Negligence?
If you’ve been injured on your rental property (the property you rent from a landlord/company), you need someone to stand up for your rights and help you seek compensation. Let Pazer, Epstein, Jaffe, and Fein, P.C. be of service. We are an experienced personal injury legal team, and we get results!
If you have questions as to how we can be of assistance in your injury case, you’ve got nothing to lose and everything to gain by requesting a free consultation.