When you suffer a slip and fall accident in your apartment building or complex, you may wonder whether you can hold your landlord responsible to compensate you for your injuries. Your landlord’s legal responsibility for your slip and fall depends on multiple factors, including where the accident occurred and whether your landlord had notice of the hazard that caused you to fall.
When Is a Landlord Responsible?
Your landlord can only be held responsible for your slip and fall accident if the accident was caused by the landlord’s negligence. To prove landlord negligence, you must show that your landlord owed you a duty of care and that their failure to perform that duty was the cause of your slip and fall. Then you must show that the fall caused you to suffer injuries and losses. In slip and fall cases, you must also show that your landlord knew or should have known about the unsafe or defective condition of the premises that caused you to slip and fall.
In the context of a slip and fall accident in your apartment building or complex, your landlord’s duty is often governed by the terms of your lease. Your landlord has a responsibility to maintain the common areas of your building or complex. They could be held liable if you were injured in the common areas and your landlord knew or should have known about a hazard that caused you to fall but failed to take reasonable steps to correct it.
If you slipped and fell inside your apartment, your landlord may only have responsibility under limited circumstances. Your lease likely makes you responsible for ordinary maintenance inside your apartment. So, if you spilled water on the floor and later slipped on the puddle, your landlord likely won’t be held responsible.
However, if you slipped on a hazard inside your apartment that your landlord is responsible for under your lease, such as water on the floor from leaking pipes, your landlord may be held responsible for a slip and fall. They would only be responsible if you informed your landlord about the hazard or if the landlord already knew about the hazard and failed to correct it.
Common Examples of Landlord Negligence
Common examples of how negligent maintenance and property upkeep by apartment landlords can lead to slip and fall accidents include:
- Slippery floors, which can be caused by improper mopping or waxing of floors and can lead to slip and fall accidents where landlords fail to install floor mats in areas that frequently become slippery
- Snow and ice, which can cause accidents when landlords fail to clear snow and ice and treat entrances, walkways, or driveways
- Code violations
- Defective construction or renovation of properties
- Inadequate maintenance, including failing to repair broken lights or staircases
How We Can Help
If you have suffered a slip and fall at your apartment building or complex, the New York City personal injury attorneys of The Mandel Law Firm can help you to recover compensation for your injuries and losses by:
- Investigating the accident to recover potentially critical evidence, such as accident/incident reports, surveillance camera footage, maintenance records, and witness statements
- Reviewing the facts of your case to evaluate your legal options for pursuing a claim against your landlord or other potentially liable parties
- Documenting your expenses and losses from your injuries
- Filing a claim on your behalf against your landlord and their insurers and aggressively pursuing full compensation for you through a settlement, if possible
- Taking your case to court and trial if necessary to give you the best chance at financial recovery
Don’t wait to get started on your slip and fall claim. Contact The Mandel Law Firm at (646) 770-3868 for a free consultation to discuss your legal options with a knowledgeable New York slip and fall accident lawyer.