Manhattan Attorney to Sue a Rental Landlord for Injuries
The owners and property management companies that own rental properties and apartment buildings throughout New York City are responsible for much of what goes on in those buildings. While they may be able to dodge liability for some cases by putting the responsibility on the tenant, these landlords are still usually liable for any injuries that occur in the lobbies, staircases, elevators, or other common areas in an apartment building.
If you were injured in a slip and fall or another accident caused by dangerous or defective conditions in an apartment building, contact our Manhattan injury attorneys for suing rental landlords. Sullivan and Galleshaw’s experienced personal injury lawyers fight on behalf of injury victims to get compensation to cover medical bills, lost wages, pain and suffering, and other damages after a preventable injury. To schedule a free legal consultation on your case, call our law offices today at (718) 843-0300.
Filing a Lawsuit Against an Apartment Owner or Landlord
Apartment owners lease individual units in their buildings to tenants, but the common areas are usually left under their control. This means that, as property owners, they are typically liable for many of the types of injuries that people suffer because of damaged or neglected conditions on the property. When filing a lawsuit for these types of injuries, there are some requirements you typically must meet.
First, you must sue the right party. Some building owners give control of the day-to-day operations to property management companies or superintendents who run and repair the property. These companies might have agreements that dictate who is responsible for what areas of the apartment building. Agreements between the apartment owner and the tenant may also split some of these responsibilities. Your attorney can investigate the intricate details of these agreements and help you decide the correct party to sue – or in some cases, we can join all relevant parties in the lawsuit and let them decide how to pay your compensation.
Next, you must prove what the landlord did wrong. Property owners have a duty to keep their property safe and secure for guests. This typically means cleaning up, repairing, or at the very least warning about hidden dangers on the property. Leaving icy sidewalks, loose steps and staircases, wet lobby floors, malfunctioning elevators, and exposed wiring to injure tenants and their guests is unacceptable and usually breaches this duty.
You must also prove the injuries you faced and the damages they caused to get compensation for the injuries. Keeping a good record of hospital bills, pay stubs, bank statements, and other financial damages can help you prove these damages in court. You can also seek compensation for the physical pain and mental suffering you faced because of an injury.
Limitations on Suing a Landlord for Injuries in New York
In most cases, there are some limitations that might stop you from suing a landlord or receiving full compensation for your injuries. Our attorneys can help navigate these potential limitations and work to maximize your compensation, offering guidance and insights into the legal problems if and when they arise.
The first issue you may face is the statute of limitations. Every injury lawsuit in New York is subject to a legal deadline to file the case. The law in New York gives you 3 years from the date of injury to file your claim, and any claims filed after the 3-year statute of limitation may be barred from court. Talk to a lawyer quickly about filing your claim to ensure you meet this deadline.
If you are trying to sue your own landlord, the terms of your lease may limit what form your lawsuit can take or how you can sue for injuries. Talk to an attorney about what you are entitled to sue for and how to maximize your compensation in an injury lawsuit against your landlord.
If there is an insurance policy in place that can cover your injuries, that insurance policy may have limitations on how much it can pay out. That means that filing an insurance claim or accepting a settlement from your landlord or their insurance company may not pay the full damages you need. Talk to an attorney about how much your case is worth in court and what damages you may be losing by settling. Since most insurance claims do not pay damages for pain and suffering, accepting an insurance payout or settlement may severely limit your damages.
Damages for Apartment Injury Cases Against Landlords in NYC
The damages that you can claim in a personal injury case against your landlord are tied heavily to the facts of your case. Each case is different, and each injury victim may suffer different injuries, but there are common types of damages you can usually sue. The cost of medical expenses to treat your injuries is one of the most common damages, and these damages can be very high for severe injury cases including burns, brain injuries, and electrocution. If you missed work while recovering from an injury or if it the injury causes disabilities, you can claim damages for the full value of your lost wages. You may also claim damages for pain and suffering, which can be substantial for serious injury cases.
Call Our Manhattan Apartment Injury Lawyers for a Free Legal Consultation on Your Lawsuit Against a Landlord
If you or a loved one was injured in a common area at your own apartment or if you were injured while visiting someone at another apartment building, call Sullivan and Galleshaw’s Manhattan attorneys for suing a rental landlord for injuries. Our injury attorneys represent victims and their families and fight to get them compensation they need after a serious accident. For a free legal consultation on your case, call our lawyers today at (718) 843-0300.