Steps to Take if You’re Injured in a Rental Property Accident
Under New York premises liability laws, landlords have a duty to maintain their properties in a safe and habitable condition. If they fail to do so and their negligence causes an injury, they may be held legally responsible. Tenants and visitors who suffer injuries due to hazardous conditions, such as broken staircases, defective electrical systems, water leaks, or inadequate security, should take immediate steps to protect their well-being and their right to compensation.
Seek Prompt Medical Attention
Your safety should be your top priority after an accident. Even if your injuries seem minor at first, certain conditions, such as internal bleeding, concussions, or back and neck injuries, may not present symptoms immediately. Timely medical care from qualified healthcare professionals will ensure that your injuries are properly diagnosed and treated.
It also creates a documented medical record, which can be vital if you decide to file a premises liability claim. Delaying treatment may not only worsen your injuries but may also allow the landlord’s insurance company to argue that your injuries were not serious, were unrelated to the accident, or worsened due to treatment delay.
Report the Accident to the Landlord or Property Manager
After receiving medical attention, notify your landlord, property manager, or building superintendent about the accident as soon as possible. This notification should ideally be in writing, such as through an email or a formal letter, to create a documented record of the incident. If you report the accident verbally, follow up with a written confirmation. Proper documentation prevents a landlord from later denying knowledge of the hazardous condition that caused your injury.
Document the Hazardous Condition
Evidence is critical in proving negligence in a premises liability case. Take detailed photographs and videos of the hazardous conditions that caused your accident. This may include broken handrails, uneven flooring, slippery surfaces, faulty wiring, or other dangerous property defects.
Capture images from different angles and include a timestamp if possible. If applicable, document the lack of warning signs or safety measures. If the condition is later repaired, these photographs may serve as the only proof of the dangerous state of the property at the time of your injury.
Collect Witness Information
If anyone witnessed the accident, obtain their contact information, including their name, phone number, and email address. Witness statements can help corroborate your account of the incident and strengthen your claim. Testimony from neighbors, visitors, or maintenance workers may be especially valuable in proving that the hazardous condition existed prior to the accident and that the landlord failed to address it in a timely manner.
Preserve All Relevant Records and Communications
Keep copies of all medical records, hospital bills, doctor’s notes, and pharmacy receipts related to your injury. These documents establish the extent of your injuries and the financial losses you have incurred due to medical treatment. Moreover, retain any communication you have with your landlord or property management company regarding the hazardous condition or your accident. If there were prior complaints about the same issue, those records can be strong evidence of negligence.
Hire an Experienced New York Premises Liability Attorney
Premises liability cases can be complex, especially when dealing with uncooperative landlords or insurance companies that attempt to deny responsibility. An experienced New York premises liability attorney can help investigate the accident, gather evidence, negotiate with insurers, and fight for maximum compensation.
A skilled lawyer will know New York’s housing laws and will fight to hold negligent landlords accountable for failing to maintain safe living conditions. If you have been injured in a rental property accident, getting legal representation from a top-rated attorney as soon as possible can help you recover maximum compensation for your injuries and losses.
Understand Your Legal Rights as a Tenant or Visitor
Your NYC premises liability attorney will inform you about your legal rights. New York law holds landlords responsible for maintaining their properties in a reasonably safe condition. Under the Multiple Dwelling Law (MDW) and various housing regulations, landlords must address structural defects, repair unsafe conditions, and ensure that common areas such as hallways, stairwells, and entryways are free of hazards.
If they fail to uphold these obligations and their negligence results in an injury, they may be held liable for damages. In some cases, a property owner’s failure to comply with building codes or housing regulations may serve as strong evidence of negligence in a premises liability claim.
File a Premises Liability Claim
If your injury resulted from a landlord’s negligence, you may have grounds to file a premises liability claim to recover compensation for medical expenses, lost wages, pain and suffering, and other damages. In many cases, claims are initially filed with the landlord’s insurance company.
Insurance adjusters may, however, attempt to minimize payouts, so let your New York City premises liability attorney negotiate aggressively on your behalf. If a fair settlement cannot be reached, your attorney should have the trial experience and resources to pursue strong legal action in court for the recovery of maximum damages.
Be Aware of the Statute of Limitations
New York law imposes strict deadlines for filing a premises liability lawsuit. Generally, the statute of limitations for personal injury claims in New York is three years from the date of the accident. However, if the property is owned or managed by a government entity, such as the New York City Housing Authority (NYCHA), you must file a Notice of Claim within 90 days of the incident. Failing to meet these deadlines can result in losing your right to seek compensation.
Get Our Battle-Tested New York Premises Liability Attorney on Your Side
If you or a loved one has suffered an injury on another’s property, get legal help to hold the negligent property owner accountable for damages. New York’s leading premises liability lawyer Michael S. Lamonsoff, "The Bull," at the Law Offices of Michael S. Lamonsoff, is a powerful advocate for victims who have been injured due to unsafe property conditions.
With 1,400+ outstanding client reviews and an exemplary record of settlements and verdicts exceeding $500 million for injured victims, Michael S. Lamonsoff is one of the most feared and respected premises liability attorneys in NYC. Reach out to “The Bull” today and let him fight for the largest possible compensation you are owed. To schedule your free consultation, call us at 212-962-1020 or fill out this online contact form.