Many tenants know that their landlords ought to keep them in premises that are safe, livable, and in no need of repairs. But most get confused when their lease or rental agreements read otherwise or when a manager, worker, repairers, contractor, or employee acts on the landlord’s behalf.
Tenants of absent, unconcerned, and unresponsive landlords have sustained injuries that have cost them a lot of time and resources to recover. Damages can be recovered from the landlord if personal injury lawyers in the Bronx represent you.
What Unsafe Conditions Can Warrant a Suit Against My Landlord?
Landlords in New York are responsible for maintaining the safety of their rental properties. Unsafe conditions can injure a tenant, who can bring a liability suit against the landlord.
Some of the common conditions in these premises include:
- Cracks in the sidewalk or driveway
- Broken steps on stairs
- Icy conditions
- Faulty handrails
- Poorly lit stairwells
- Slippery or wet floors
Remember that the unsafe condition has to be the sole reason you sustained the injuries for the landlord to be held liable. The injuries need to be serious and lead you to incur accrued or financial damage. You must also prove that the accident would have been avoided if the landlord had exercised their duty.
Are Dog Bites the Landlord’s Liability in New York?
Dog owners are essentially judgment-proof and have no insurance to compensate victims if their dogs bite other people in a rental property. If a neighbor’s dog bites you in New York, Bronx premises liability attorneys can help you explore the chances of getting compensation from the rental property owner.
It is worth noting that, the presence of a vicious dog in the rental property is a dangerous condition, similar to faulty handrails and poorly lit stairwells. Liability might fall on the landlord if he/she had been aware of the danger and failed to take action to remove or confine the dog.
Vicious dogs have propensities that can be remedied before they cause further harm. An example is when a landlord is notified of a bulldog biting another dog on the property. If he doesn’t act until the same bulldog bites a tenant, they can be considered negligent and, thus, liable for the tenant’s injuries.
What Happens When the Landlord Was Not Aware of the Danger?
A landlord cannot use his/her lack of knowledge on the dangerous conditions on the premises as a defense. They are required to carry out reasonable periodic inspections of the common areas of the property. And when a tenant vacates, he/she ought to inspect the vacant housing unit to look out for unsafe conditions.
As they inspect the premises, the landlord ought to take precautions to prevent injuries, and repair known faults, or those he/she ought to have known. If they have actual knowledge of concerns in already occupied premises, they must act in the shortest time possible.
How Long Should Landlords Take to Fix Unsafe Conditions?
There is no requirement for landlords to fix an unsafe condition as soon as they discover it, or as soon as they are notified. However, reasonable wear and tear need to have been done within a reasonable time frame. But as soon as they become aware, the landlord needs to have adequately warned the tenants of the condition to avoid injuries.
If you feel like the landlord took too long to carry out the repairs or failed to put proper warnings of the impending danger, you can sue them for damages. A year, for instance, would be too long for tenants to stay in an unsafe environment. A premises liability attorney in the Bronx can help you evaluate the reasonability of the time taken for repairs.
What Damages Can One Recover from a Liable Landlord?
You could get compensation if a landlord’s negligence resulted in the significant injuries you sustained in New York. Bronx premises liability attorneys can put together evidence to demonstrate that the liable party failed on their duty to keep you safe. You can receive damages for:
- Personal property damage
- Emotional distress
- Disfigurement or disability
- Suffering and pain
- Lost wages
- Medical bills
- Future damages, punitive damages, and treble damages depending on the case
However, to get these damages, you must file your case within the required time limit. Waiting past three years to file might be unfruitful because the law will have locked you from seeking damages. It is safer to begin the process as soon as it happens to give room for thorough investigations and case filing.
What Happens When the Landlord has Liability Insurance?
Some mortgage providers require landlords to insure the properties, and others get insurance even when they are not repaying any loan. Landlords insurance covers liability related to the property, and protects the rental property owner from digging into their pockets when they are found at fault.
Notably, the insurance company will not compensate the victim without a good fight. Besides, the coverage allows them to hire an attorney to represent the landlord in court. So, make sure that you are also represented by seasoned Bronx premises liability attorneys.
If your New York personal injury case is stronger than their defense, the insurance company might compensate you up to the limit of the landlord’s policy. Only an attorney that understands New York liability laws can align your case correctly and get you compensation for all your injuries.
Lawyers Advocating for Clients’ Rights to Fair Compensation
Injuries sustained in unsafe premises are expensive to treat, not forgetting the days you will miss work to nurse the injuries. If a negligent landlord can compensate you, the burden will be less-weighty on you and your family. But most won’t willingly compensate you, until you fight for it in court and the judge awards it to you.
A winning case needs putting pieces of evidence together and experience in legal representation. The attorneys at the Law Offices of Thomas Lavin can do just that, to ensure that you recover compensation, and we will never settle for less. Get in touch today to begin your journey to compensation.