How To Know If A Landlord Is Liable For Your Slip And Fall Case
Posted on October 15, 2021 in Premises Liability
After a slip and fall in your rental property in New York, you may be wondering if you can hold your landlord responsible for your injury. While not every injury sustained on rental premises is the responsibility of your landlord, this largely depends on the circumstances surrounding your case as well as the terms set out in your lease agreement.
In order to have a case, you must be able to prove the negligence of your landlord. If you are unsure how to go about doing so or if you have the right foundation to do so, a premise liability lawyer can provide you with the legal advice you need. Your landlord must have failed to exercise “reasonable care” in regards to the condition that caused you to slip and fall or created the condition in question.
Understanding the Circumstances of Your Fall
Determining landlord negligence is largely dependent on how and why you slipped and fell. For instance, if the landlord was unaware of the condition that caused you to slip and fall because you had not reported it to them, you may not be able to hold them liable. However, if they had been aware of the condition for some time but failed to act on it, you could have a case. Conditions that can possibly result in a slip and fall include a leaking roof, broken steps, and more. It is the landlord’s duty to get such issues fixed timely as soon as it is brought to their attention.
It’s All in The Lease Agreement
If you slipped and fell somewhere in the exterior of the property, you may be wondering whether your landlord can be held responsible. This will largely depend on the terms stated in your lease agreement. Look through it and find the answer to questions such as, who is responsible for shoveling snow off the sidewalk – the landlord or tenants? In cases where someone has left something in your path, causing you to trip, it’s unlikely that your landlord will be held responsible.
Proving Liability
After a slip and fall, it is important to document evidence of what has happened. If you slipped due to an icy entranceway, take a picture of the conditions as soon as possible. Once the ice has cleared up, it can be next to impossible to prove what has happened. On top of that, pictures of any injuries you have suffered and the state of you clothing will help.
The Premises Liability Lawyers at Pazer, Epstein, Jaffe & Fein, PC Can Take On Your Landlord Negligence Case
If you have sustained a slip and fall in your rental property as a result of landlord negligence, get in touch with our premise liability lawyers at Pazer, Epstein, Jaffe & Fein, P.C. today. We are always ready to listen to the facts of your case and point you towards the best legal route. We offer free consultation and you can browse through our testimonials for what our clients have to say about us.
Looking for a trusted personal injury lawyer in New York? Call our New York number: (212) 847-5007 or Long Island number: (718) 954-9986 to schedule a free consultation with us today.