A landlord has the duty of care to ensure that his or her property is frequently maintained. However, some landlords may avoid performing maintenance in an effort to retain more profits or because they do not care for the safety of their tenants. Fortunately, a tenant that is injured in an apartment complex due to a landlord’s negligence may be able to pursue a legal claim against the landlord. If you were severely injured due to a property defect at your apartment complex, you should consult with an experienced Manhattan personal injury lawyer today. At Sullivan & Galleshaw, LLP, we are committed to fighting for compensation for residents of Manhattan that were injured due to the negligence of another. Our firm is here to explain whether you can sue if you were injured at an apartment complex in Manhattan.
Who is Liable for an Apartment Complex Accident in Manhattan, NY?
If you were injured in an apartment complex accident, you may be wondering who could be held liable for the injuries you sustained. The answer is that your landlord can likely be held responsible for the accident and injuries you suffered.
The lease agreement for an apartment will outline a number of obligations for a landlord and tenant. One of these obligations will be the duty to maintain the premises and repair any issues. While some agreements may place more of the burden on the tenant, the landlord is typically held responsible for maintaining the common areas of the property that could affect all tenants.
The laws of premises liability generally state that a landowner is responsible for ensuring that their property is kept free of any safety hazards that could seriously harm a guest. For example, if a severe snowstorm covered the common areas in ice and snow, the landlord has a duty to ensure it is plowed. Under this scenario, if a landlord neglects to plow the snow, and a tenant suffers a brain injury in a slip and fall accident in Manhattan, the landlord could be sued for compensation.
In some cases, a landlord may be able to avoid some liability by notifying residents of any hazardous property defects. For example, if a landlord is performing construction at a certain area of the complex, they have a duty to notify residents if there is a risk of injury.
It is important to note that this duty of care extends to more than just the tenants of the property. For example, if a tenant invites a friend to visit them, and the friend is injured in a slip and fall accident in a common area, the landlord could be held liable for the accident.
To learn more about proving a personal injury lawsuit and the damages available, you should continue reading and speak with an experienced Manhattan lawyer to sue a rental landlord for injuries.
How to Show Negligence in a Personal Injury Lawsuit
Sullivan & Galleshaw, LLP, is here if you wish to seek compensation from your landlord after an accident on their premises. Personal injury lawsuits are often based on a theory of negligence. This means that a plaintiff must show how a defendant acted negligently in order to recover damages. The following four elements must be proven to show negligence:
- The defendant owes the plaintiff a duty of care
- The defendant breached their duty of care
- The plaintiff was injured due to the defendant’s breach
- The plaintiff suffered an injury that is compensable by the court
If a plaintiff is able to prove these four elements, they can be awarded damages from the judge or jury. A plaintiff can receive compensatory damages for a number of losses incurred as a result of an accident. The following is a list of damages available in a personal injury lawsuit in Manhattan, NY:
- Loss of wages or future loss of wages
- Medical bills and costs of rehabilitation
- Medication costs and medical equipment expenses
- Loss of consortium
- Pain and suffering
- Emotional distress
When to File a Personal Injury Lawsuit in Manhattan, NY
When pursuing a personal injury lawsuit, it is important to remember that your case must adhere to the statute of limitations. The statute of limitations determines the length of time that a person has to file a particular type of lawsuit. The filing deadline can vary depending on the circumstances of the case and the type of case that a plaintiff seeks to file.
In New York, the statute of limitations for a personal injury lawsuit is three years from the date of the injury. This means that a plaintiff must file their lawsuit within three years, or a court can bar their case. Specifically, the landlord that was sued can request that the court dismiss the claim because it violates the statute of limitations. If successful, this would be a devastating result as the plaintiff would be unable to seek compensation for their injuries.
Work with Our Experienced Manhattan Personal Injury Attorneys Today
If you or a family member was the victim of an accident at an apartment complex in Manhattan, contact an experienced New York City personal injury lawyer today. With decades of legal experience litigating a broad range of complex cases, the legal team at Sullivan & Galleshaw, LLP, is ready to use their skills to pursue the compensation you deserve. To schedule a free legal consultation to discuss your claim, contact Sullivan & Galleshaw, LLP at (718) 843-0300. You may also contact the firm online using our short submission form.