Tenacious New York Attorney Helping Accident Victims
Landlords have a duty to provide reasonably safe premises for their tenants and property guests. Unfortunately, property owners who seek to save money may allow a building to fall into a dangerous state of disrepair. For more than a decade, the Law Office of Michael H. Joseph, PLLC has represented individuals who were injured by a hazardous condition where they live. Our experienced premises liability attorney proudly helps tenants throughout New York take legal action as a result of a landlord’s failure to adhere to city or state laws. Whether you live in Manhattan, the Bronx, Queens, Brooklyn, or Staten Island, contact us today to discuss your case.
Hold Negligent Landlords Accountable Through a Premises Liability Lawsuit
When a property owner takes inadequate care in maintaining or repairing a building, he or she may be held financially responsible for any injury that results. In many cases, a landlord who seeks to cut costs may hire unlicensed maintenance, electrical, or plumbing workers or fail to secure the proper permits. Tenants may also be harmed by asbestos, structural collapses, defective drainage, an uncontrolled pest problem, hazardous stairways, inadequate security, and other dangerous property conditions.
Someone who was injured as a result of a property owner’s actions may be entitled to pursue compensation for his or her medical expenses, lost wages, pain and suffering, and more. A tenant may also be eligible to recover for any personal property damage caused by the landlord’s negligence.
In order to succeed in this type of case, a victim must show that:
- It was the landlord’s responsibility to maintain the area where the tenant was hurt;
- The landlord did not take reasonable steps to avoid the accident;
- The tenant was not provided with adequate warnings about the hazard;
- Repairing the danger was not unreasonably expensive or otherwise difficult;
- The tenant’s harm was foreseeable; and
- The landlord’s negligent act was the direct cause of the tenant’s injury.
A court will normally determine whether a landlord’s conduct was reasonable by comparing his or her actions to what the typical property owner would do in similar circumstances.
In certain situations, a landlord may also be held responsible for a less common type of negligence. Negligence per se, or negligence as a matter of law, occurs when a statute or ordinance specifically prohibits or requires certain conduct for safety reasons. Proving this cause of action may be more straightforward than demonstrating fault in a standard negligence case.
Under the negligence per se theory of liability, you would need to demonstrate the landlord violated a law that was designed to protect tenants like you from the type of harm that you suffered, and that you were hurt because of the violation. For example, a property owner is required by law to install smoke detectors on the premises. If a landlord fails to do so, and a tenant is injured by a fire, the landlord may be held responsible for that person’s medical bills and other damages. Whether the property owner’s conduct was reasonable is not normally relevant in a negligence per se lawsuit.
Contact an Experienced Injury Lawyer in White Plains
You may have legal options if you or a loved one was harmed as a result of a New York landlord’s negligence. Our injury attorney proudly assists accident victims in White Plains and the rest of Westchester County, as well as elsewhere in the state. If you were hurt by a dangerous condition where you live, call the Law Office of Michael H. Joseph, PLLC toll-free at (877) 580-6636 or contact us through our website.