Building / Premises

  • Ceiling Collapses
  • Stairway Falls
  • Building Defects
  • Elevator/Escalator Accidents
  • Lead Poisoning
  • Slip, Trip and Falls

Car Accident Attorney

buildingpremises

Best Injury Attorney for Building Accidents:

If you are injured as a result of a defect in a building, store or other premises you may have a right to receive compensation for your injury. Many times a defect like a collapsed ceiling, or broken step, or protruding piece or metal will cause someone to be injured. Renters have the right to expect their home, apartment or commercial space will be maintained at the level necessary to prevent injuries caused by hazards, unsafe design or insufficient security.

Many people are injured each year by slipping and/or tripping resulting in a fall in a building or premises. Quite often, the cause of the fall is a defect in the floor or stair causing the person to stumble. These cases come under the title of premises liability because the owner / operator of the premises is responsible to maintain the grounds in a safe and hazard free condition. A broken stair, damaged or cracked sidewalk, foreign substance on the floor, uneven floor surfaces, poorly marked changes in elevation, slippery surfaces (due to snow, water, ice) uneven elevators, and faulty escalators are all common examples of slip/trip and fall premises accidents. These accidents can occur in a variety of locations such as a street, sidewalk, office building, private home, apartment building, grocery store, and city owned locations.

Frequently Asked Questions

1) What is Premises Liability?

Property owners and their managing agents are responsible for keeping their property safe and warning tenants and visitors of any dangerous conditions. They are also responsible to properly maintain their premises by cleaning, inspecting and repairing any hazardous conditions. If they fail to do so, they can be held liable for any injuries that result because of an accident due to a dangerous condition.

 2) If I fell in a store and hurt myself, will I be able to sue the store?

A grocery store has a duty to use reasonable and ordinary care to keep the store safe for its customers. The store, thru its employees, has a responsibility to make reasonable inspections to discover dangerous conditions, such as spills, or broken tiles or even dangerous display cases and to make them safe. If there is a spill, the injured person would have to prove that the store had “notice” of the condition and had a chance to clean it up. However, if the spill was there on the floor for an unreasonably long time, then we may be able to show that the store had constructive notice of the dangerous condition and had enough time that the spill should’ve been taken care of.

 3) If I sue my landlord can he kick me out of my apartment?

A tenant with a lease is protected from eviction during the lease period so long as the tenant does not violate any substantial provision of the lease or any local housing laws or codes. If you sue your landlord and have a lease, the landlord cannot kick you out.

Landlords are prohibited from harassing or retaliating against tenants who exercise their rights. For example, landlords may not seek to evict tenants solely because tenants (a) make good faith complaints to a government agency about violations of any health or safety laws; or (b) take good faith actions to protect rights under their lease; or (c) participate in tenant organizations. Tenants may collect damages from landlords who violate this law, which applies to all rentals except owner-occupied dwellings with fewer than four units. (Real Property Law §223-b)

 4) What is the Landlord’s Duty of Repair?

Landlords of multiple dwellings must keep the apartments and the building’s public areas in “good repair” and clean and free of vermin, garbage or other offensive material. Landlords are required to maintain electrical, plumbing, sanitary, heating and ventilating systems and appliances landlords install, such as refrigerators and stoves, in good and safe working order.

 5) My Child Was Diagnosed With Lead Paint. Can I sue my landlord?

Landlords must protect against the possibility that children will be poisoned by peeling of dangerous lead-based paint. Federal and local laws require that landlords of multiple dwellings built before 1960 (or between 1960 and 1978 where the landlord knows there is lead paint) must find out if a child under seven years old lives in an apartment, and inspect that apartment for lead paint hazards.

The landlord must keep records of all notices, inspections and repair of lead paint hazards, and other matters related to lead paint law. Landlords of such dwellings in New York City must also provide their tenants with a pamphlet prepared by the NYC Department of Health and Mental Hygiene and the NYC Department of Housing Preservation and Development (HPD). 42 U.S.C.A § 4851; NYC Admin. Code § 27-2056.

Please contact our Law Firm for a professional evaluation of your case. We will be happy to analyze your specific fact pattern and discuss the law as it applies to you.

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