The premise liability laws of New York can hold property owners responsible for accidents that occur on their properties. The law states that they should ensure the safety of all persons on their premises, including tenants and visitors. This means they must inspect the property regularly and address any hazards that may cause slips, trips, or falls. It is important to note that certain conditions must be met for a landlord to be held liable for an accident on their property. This article further discusses how you can go ahead to pursue a claim against a landlord if they are liable for your accident.
Were They Aware of The Dangerous Condition?
Sometimes, a landlord may be aware of a dangerous condition, such as loose flooring or wet surfaces. A breach of duty simply means that they failed to meet their obligation to maintain safe premises or protect tenants and visitors from potential hazards. If it can be shown that the landlord had knowledge of the hazardous condition and failed to act, they could be held liable for any injuries resulting from it.
Did They Have Time to Act?
The law does not require the property owner to immediately fix any issues, but they must take reasonable steps promptly. This means that if it can be shown that they had enough time to identify and address an issue before an accident occurred, they could be held liable. They must also be aware of how their property is used by tenants and visitors. If it can be demonstrated that an accident was reasonably foreseeable, due to a hazardous condition on the premises, they may bear the blame.
Were You Acting with Reasonable Care?
In some cases, a landlord may not be held responsible for an accident if it can be demonstrated that the injured party acted without due care. They must show that you (the victim) failed to take reasonable precautions to avoid an injury. For example, if the floor had a wet signposted, and you chose to ignore it, the owner may not be liable for your accident. In such a case, the warning signs must be clear.
Pursuing a Claim
By understanding your rights as well as the laws governing landlord slip and fall liability in New York, you can decide if a claim is the appropriate course of action. It is recommended that you contact an attorney who can assess your case and provide advice on how to proceed with such claims. It is crucial to note that whereas it may be easy to prove that a landlord should have known about the hazardous condition, it might be harder to demonstrate how significant your losses were. Experienced attorneys will help you properly document your injuries and losses and present them in court.
In New York, property owners may be held liable for slip and fall injuries if they were aware of a hazardous condition on the premises and failed to take any action. Also, if it can be demonstrated that an accident was reasonably foreseeable due to said condition, they could be held accountable. Seek legal help if you find yourself in this situation and are hoping to pursue a claim.
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