LIBRARY > ACCIDENTS > APARTMENT LIFE

Injured In Your Apartment Building? You May Have The Right To Be Compensated

Topics Covered

Are You Really Safe at Home?
Landlords: Rights and Responsibilities
Your Legal Rights

When you choose a law firm, the number one criteria should be whether the firm has a proven record of producing positive results for its clients with legal issues similar to yours.

The dedication and experience that Trolman, Glaser & Lichtman attorneys bring to the practice of law has produced an enviable record of jury awards and pre-trial settlements, which amount to over $1 billion dollars. See some of the awards we've won for clients.

Questions? Please call us at:
1-888-4-TGLLAW^™
1-888-484-5529

Are You Really Safe at Home?

"Safe at home." How many times have you expressed that feeling when returning to your apartment after a journey? It's that feeling of security you get when surrounded by familiar objects. But, is your home really safe? On the contrary, studies have demonstrated that your home is probably one of the most unsafe places. The frequency of accidents about the home exceed by far those happening in other places. You are exposed to all kinds of perils. Defective and dangerous stairs and stairways, excessively hot water, broken windows and frames, falling ceilings, leaded paints, loose banisters, inadequate lighting--the list is endless.

Landlords: Rights and Responsibilities

The Law, aware of these perils, has placed legal responsibility on the landlord to make his building reasonably safe for his tenants and their visitors. In addition, there are specific Laws which create obligations upon the part of the landlord to clean, repair and maintain the premises in a safe condition (Multiple Dwelling Law, Administrative Code of the City of New York), the violation of which can create criminal liability and also form the basis of a lawsuit to recover compensation for injuries sustained. These Laws require the landlord to keep every area of the apartment building in good repair, free of fire hazards, vermin, dirt or other things dangerous to health, unless the tenant contributes to these conditions. These protections extend to the tenants, as well as their guests.

It is important to note that a landlord may not be responsible in the event that you make a claim, unless there is proof that he received notice of the defective condition prior to the accident. The form of notice can be written, oral or evidence that the dangerous condition existed for such a period of time prior to the accident that the landlord should have known about it. I suggest that, if a dangerous condition exists in your building, you notify the landlord immediately, preferably in writing by certified mail, return receipt requested. Later, it will be difficult for the landlord to claim that he was not aware of the condition and was not bound to make repairs.

It is especially important to notify the landlord of a defect which exists within your apartment, since your apartment is not a public place and any defect would not readily be visible. In one reported case, an injured tenant recovered an award because of injuries sustained as a result of the collapse of a staircase while removing a refrigerator from a second floor apartment. The tenant was successful because two months before the accident he had notified the landlord that the steps were "weak and wiggly."

In addition to the landlord's duty to repair, the Law requires the landlord to provide adequate lighting in every vestibule, entrance hall, public hall, stairway and fire exit. If a tenant can prove that an injury was caused by reason of faulty lighting and the landlord knew or should have known about this defective condition, the tenant has an excellent chance of recovering an award. It is important to note that most landlords purchase insurance to cover themselves from claims arising out of accidents of this type. It will be the insurance company who will defend the landlord and pay, if the landlord is responsible.

Your Legal Rights

If you have been injured in an apartment building and you believe that the accident may have been caused by reason of the negligence of the landlord, contact a qualified lawyer as soon as possible. It makes no difference if you are the tenant, a guest or a delivery person. The Law has provided you with important rights--you should not hesitate to exercise those rights.