You may have the right to sue if you were injured in your apartment because of unsafe conditions. In New York, the property owner or entity responsible for overseeing the building has a legal duty to keep rental housing safe. When they fail to address hazards like broken stairs, faulty wiring, or leaks, they can be held accountable for the harm tenants suffer.
At Chopra & Nocerino, we know how overwhelming it can be to face an injury on top of housing problems, medical bills, and uncertainty about your future. Our attorneys have decades of experience holding negligent parties accountable. If you’ve been hurt in your apartment, call (855) NYC-HURT or reach out through our online form to learn how we can help.
- Property owners and entities overseeing rental housing must keep apartments and common areas safe under New York premises liability laws.
- Tenants may sue for injuries caused by negligence, including unsafe stairs, broken locks, faulty wiring, or ignored complaints.
- Damages can include medical bills, lost wages, pain and suffering, property damage, and out-of-pocket costs.
- Strong evidence, like photos, maintenance records, and medical reports, is essential for proving liability.
- Chopra & Nocerino have decades of experience helping tenants hold negligent parties accountable and recover full compensation.
What Does Premises Liability Mean in a Rental Apartment?
Premises liability is a legal principle that holds property owners and other responsible entities accountable for keeping their buildings safe. In the context of rental housing, this means apartments, stairways, hallways, and common areas must be maintained in a condition that does not create unnecessary risks. When hazards like broken stairs, wet floors, or exposed wiring are ignored, the responsible party can be found negligent and held liable for tenant injuries.
Relevant New York Case Law on Premises Liability
Several New York cases show how courts apply premises liability to landlords and property owners.
- Kass v. McDonald’s Corp. (1996): The court held that property owners must maintain safe premises and can be liable for injuries from known hazards. In this case, a slip-and-fall occurred because the property owner ignored a dangerous condition.
- Sullivan v. City of New York (2007): Acting as a landlord, the city was found responsible for injuries caused by a broken stairway it failed to repair despite repeated complaints.
- Miller v. State of New York (2016): A tenant slipped on a wet floor in an apartment building. The court ruled the landlord was liable for failing to maintain safe flooring and for not responding to the tenant’s maintenance requests.
These published cases show how New York courts apply premises liability to rental housing. Real-world results also highlight how tenants can hold negligent property owners accountable. At Chopra & Nocerino, our verdicts and settlements reflect the recoveries we’ve secured for injured tenants.
How Chopra & Nocerino Have Helped Renters in New York
- Slip and Fall:
- Case Example: A 55-year-old female tenant tripped and fell on a raised saddle that existed between her kitchen and hallway within her own apartment. She suffered fractures to her ankle that required multiple surgeries. Defendants argued our client resided within the unit for more than 10 years and was aware of the defect.
- Outcome: The court ruled in favor of the tenant, finding the landlord responsible for not addressing a known hazard and awarding the tenant $1.2M.
- Flawed Construction:
- Case Example: A tenant in an apartment in Brooklyn reported that she was injured when the bathroom ceiling collapsed in her Brooklyn rental apartment.
- Outcome: She was awarded $800,000.
What Are My Rights and Responsibilities as a Tenant in New York?
Tenants have responsibilities, such as paying rent on time and avoiding damage to the property, but they are equally protected under New York’s housing laws. The warranty of habitability requires apartments to remain safe, sanitary, and fit to live in, with essentials like heat, plumbing, secure locks, and freedom from hazards such as mold or infestations. Landlords are also prohibited from retaliating against tenants who report unsafe conditions, ensuring renters can assert their rights without fear.
Essentials To Staying in Your Apartment Safely
Tenant guidance in New York makes it clear that when landlords neglect repairs, renters should take steps to protect themselves.
- Notify the landlord or manager: Report problems as soon as they appear, whether by phone, text, or email.
- Send written notice: Follow up with certified mail or email, keeping records in case repairs are delayed or ignored.
- File a city complaint: Call 311, use 311ONLINE, or the 311Mobile app to direct the issue to the proper agency.
- Contact the state if rent-regulated: Rent-stabilized or rent-controlled tenants can file complaints with New York State Homes and Community Renewal (HCR) at 1-866-275-3427.
Steps To Take If You’re Injured on Rental Property
If you are injured in a rental apartment, the following steps can protect your health and preserve your legal rights.
- Seek medical care right away: Prioritize your health and create a record of the injury by visiting a doctor or hospital.
- Document the hazard: Take photos or videos of the unsafe condition that caused your injury.
- Report the incident in writing: Notify your landlord through certified mail or email to establish a paper trail.
- Collect witness details: Get names and contact information from anyone who saw the hazardous condition or the accident.
- Track medical expenses: Save records of all treatments, prescriptions, and related costs.
- Consult a premises liability lawyer: Speaking with a New York City premises liability lawyer at Chopra & Nocerino helps you understand your options and build a strong case.
When Can a Tenant Sue Their Landlord for Injury in New York?
Tenants can bring an injury lawsuit when a landlord’s negligence causes unsafe rental conditions that result in harm.
- Failure to maintain safe conditions: Landlords must keep apartments and common areas free from hazards such as broken steps, defective plumbing, or faulty wiring.
- Ignoring tenant complaints: If you report a dangerous condition and your landlord fails to act, they may be held responsible for any resulting injuries.
- Violating safety codes: Housing and building codes require secure locks, safe stairways, proper lighting, and functional systems.
What Types of Damages Can Be Recovered?
At Chopra & Nocerino, we work to ensure tenants recover every type of damage available in personal injury lawsuits.
- Medical expenses: Coverage for emergency treatment, medication, rehabilitation, and other health care costs.
- Lost wages: Income lost if your injury prevents you from working.
- Pain and suffering: Compensation for the physical pain and emotional distress caused by unsafe housing.
- Property damage: Payment for personal belongings that were destroyed or damaged.
- Out-of-pocket costs: Expenses like transportation, relocation, or other costs tied directly to the injury.
What Evidence Do You Need to Prove a Landlord’s Negligence in a Rental Apartment Injury Case?
Our attorneys assist tenants in identifying and securing evidence, making it harder for negligent landlords to deny responsibility.
- Photographs or videos: Visual proof of hazards such as broken stairs, leaks, or exposed wiring.
- Maintenance records: Emails, letters, or repair requests showing the landlord knew of the problem but failed to act.
- Witness statements: Accounts from neighbors, visitors, or staff who can confirm the dangerous condition.
- Lease agreement: Documents outlining the landlord’s responsibilities for safety and maintenance.
- Medical records: Evidence of the injuries sustained, treatments received, and long-term health effects.
What Are the Time Limits for Filing an Injury Lawsuit in New York?
The New York statute of limitations for personal injury gives tenants three years to file a lawsuit against a landlord. While this may sound like plenty of time, waiting can weaken your case as evidence fades and witnesses become harder to find. Acting quickly helps protect your rights and strengthens your claim.
How Can Chopra & Nocerino Help Tenants with Injury Lawsuits?
At Chopra & Nocerino, we don’t just handle cases, we stand with New Yorkers whose lives have been upended by unsafe housing. Our personal injury attorneys bring decades of experience in premises liability law, guiding tenants through every step of the process, from gathering evidence to negotiating with insurers to presenting cases in court.
We know the toll an injury can take on your health, family, and finances, which is why we fight for maximum compensation while treating every client like family. If you’ve been hurt in a rental property, call (855) NYC-HURT or contact us online for a free consultation.
