Situations can arise where a tenant may experience a personal injury due to the negligence of their landlord. In these cases, knowing your rights and the responsibilities of your landlord can significantly impact the outcome of your claim.
If you have been injured due to unsafe living conditions, such as improper maintenance, inadequate security measures, or hazardous environments, it is important to take immediate action. The Law Office of Cohen & Jaffe, LLP is here to help.
Warranty of Habitability
The warranty of habitability is a legal doctrine in New York that requires landlords to maintain rental properties in a condition fit for human habitation. This means that the property must comply with all health and safety codes, ensuring that tenants have access to essential services such as heat, water, and electricity. If a landlord fails to meet these standards, tenants may have the right to withhold rent or make necessary repairs themselves and deduct the cost from their rent.
In the context of an injury claim, the warranty of habitability can play a significant role. If a tenant is injured due to a hazardous condition that the landlord failed to address, such as a broken staircase or faulty wiring, the landlord may be held liable for damages.
Maintenance of Common Areas
The maintenance of common areas is a responsibility typically outlined in a building’s lease or homeowners association (HOA) agreement. Landlords or associations are required to keep common areas, such as hallways, stairwells, and lobbies, in safe and good condition. This includes regular inspections and timely repairs to prevent accidents and injuries.
Injury claims related to common areas often hinge on whether the responsible party fulfilled their maintenance duties. If a tenant or visitor is injured due to a poorly maintained common area, such as a wet floor without warning signs or a broken handrail, the landlord or HOA may be liable for damages.
Lead-Based Paint Hazards
The lead-based paint hazards regulations require landlords to disclose any known presence of lead-based paint in properties built before 1978. This is mandated by the Lead-Based Paint Disclosure Rule, which aims to protect tenants from the health risks associated with lead exposure. Landlords must provide tenants with information about lead hazards and any available reports on the property’s condition. This transparency allows tenants to make informed decisions about their living environment.
Injury claims related to lead exposure can arise if a landlord fails to disclose known lead hazards or neglects to address them. Tenants, especially those with young children, may suffer health issues due to lead poisoning, which can lead to significant legal and financial consequences for landlords.
Snow and Ice Removal
Snow and ice removal laws in New York require property owners to clear sidewalks and walkways of snow and ice within a specified timeframe after a storm. This responsibility is crucial for preventing slip and fall accidents, which are common during winter months. Property owners must ensure that pathways are safe and accessible, reducing the risk of injuries to tenants and visitors.
Failure to comply with snow and ice removal laws can result in liability for injuries sustained on the property. If a tenant or visitor slips and falls due to uncleared snow or ice, the property owner may be held responsible for medical expenses and other damages.
Building Code Compliance
Building code compliance requires landlords to ensure that their properties meet all local building codes and safety standards. This includes maintaining structural integrity, proper electrical and plumbing systems, and fire safety measures.
Injury claims can arise if a landlord fails to comply with building codes, leading to hazardous conditions. For example, if a tenant is injured due to a faulty electrical system or a structural collapse, the landlord may be liable for damages.
Responding to Tenant Complaints
Responding to tenant complaints is a legal obligation for landlords to address safety and maintenance issues reported by tenants promptly. This includes fixing leaks, repairing broken fixtures, and addressing pest infestations.
Injury claims can arise if a landlord neglects to address reported hazards, leading to tenant injuries. For example, if a tenant reports a broken stair that is not repaired and subsequently causes an injury, the landlord may be liable for damages.
Adequate Security
Adequate security involves implementing measures to protect tenants from potential harm due to criminal activities. Landlords are expected to provide secure locks, proper lighting, and surveillance in common areas to deter crime. Ensuring adequate security is a critical aspect of maintaining a safe living environment for tenants.
If a tenant is injured due to a lack of security measures, the landlord may face liability for failing to provide a safe environment. Injury claims related to security often focus on whether the landlord took reasonable precautions to prevent foreseeable risks.
Schedule a Consultation with the Law Office of Cohen & Jaffe, LLP
If you have sustained an injury in your rental property, it’s advisable to schedule a consultation with the Law Office of Cohen & Jaffe, LLP. Our experienced premises liability lawyers can help you understand your rights as a tenant under New York state law.
Call the Law Office of Cohen & Jaffe, LLP at (516) 358-6900 or use our contact form. We can assist you in determining whether your landlord may be held liable for your injuries. Subscribe to our YouTube channel for more information.
