When we step into an apartment complex in New York City, whether as a tenant or visitor, the last thing on our mind is taking a tumble due to unseen hazards. Yet, slip and fall accidents are all too common in such settings. If you’ve been injured in a slip or trip and fall apartment accident, you may wonder who’s liable. Read on and reach out to a dedicated NYC personal injury lawyer from the Law Office of Richard M. Kenny to learn more. Here are some of the questions you may have:
Who’s Responsible for a Slip or Trip and Fall in an Apartment?
In most cases, the responsibility rests on the shoulders of the apartment complex owner or the property management company. Why? It’s their duty to maintain safe common areas. Sidewalks, hallways, staircases, and laundry rooms are all included. If there’s a spill on the floor, a broken handrail, or a poorly lit corridor that has been neglected, they could be held liable for any injuries stemming from these hazards.
However, it’s crucial to highlight one element: notice. The apartment complex owner must have had a reasonable amount of time to know about the hazard and address it. A spill that occurred moments before an accident might not place the liability on the owner, as they might not have had adequate time to respond.
That being said, you should understand that at times, the tenant might be the one at fault. For example, if a tenant leaves a hazardous object in a common area, leading to a slip and fall accident, they could be held responsible for the injuries sustained by the victim.
Additionally, if the slip and fall accident happens inside the rented space because of the tenant’s negligence, the liability might shift towards them instead of the landlord.
What is comparative negligence?
New York follows the doctrine of comparative negligence. This means that if both parties (say, the injured individual and the apartment complex owner) are found to be at fault, liability will be divided proportionally. An injured party who is found to be 30% responsible for the accident, for instance, can still recover 70% of their damages from the other party.
What should victims do after an accident?
If you’ve unfortunately experienced a slip and fall in an apartment complex, take the following steps:
- Seek medical attention: Ensure your injuries are documented and treated promptly.
- Document the scene: Capture photographs of the hazard and surroundings.
- Report the accident: Inform the apartment management or landlord about the incident.
- Collect witness information: Their testimonies can be invaluable during claims.
- Contact a personal injury attorney: A knowledgeable attorney can help you navigate the legal complexities and ensure you get the compensation you deserve.
Slip and fall accidents in apartment complexes in New York City might seem straightforward, but determining liability can be a labyrinthine process. With various players involved, from landlords to tenants, and even visitors, understanding who’s at fault necessitates a deep dive into the specifics of each case. If you or a loved one has experienced such an accident, seeking legal counsel is paramount. Your attorney will work diligently to analyze the situation, assign responsibility, and ensure that justice is served.
CONTACT OUR EXPERIENCED NEW YORK CITY FIRM
Our entire legal team is dedicated to providing the advice you need and the personalized attention you deserve. If you have been injured due to another party’s negligence, call 866-886-0892 or fill out our contact form to schedule a free consultation with a New York City personal injury lawyer. You may be entitled to financial compensation, which can help you on your road to recovery.
