Ceiling Collapse Injuries in The Bronx
Injured in a Ceiling Collapse? Was the Landlord Negligent? Call a Premises Liability Attorney Today
If you live in an apartment building in NYC, you or someone you know has probably had an issue with a portion of the ceiling or sheetrock falling. There may have even been an injury as a result. If the ceiling collapse was due to landlord negligence, the injured party may have even contacted a Premises Liability Attorney or Landlord Negligence Lawyer in NYC looking for legal help. If so, you know that ceilings in apartments and buildings can collapse due to leaky plumbing, years of landlord neglect or shoddy repair work.
The most common reason that a portion of a ceiling falls is that there is a leak in pipes above the ceiling. Usually, the leak has been an ongoing problem due to the landlord’s negligence in fixing it. The tenant has complained to the building landlord or superintendent several times before the ceiling collapses. If the problem is not taken care of promptly, eventually, the ceiling will collapse and possibly cause injury to a person. Ceiling collapses can cause serious injuries, including injuries to the head, neck, back, and shoulders. If the ceiling that collapsed was a large portion and very heavy many injuries that can occur include broken bones, severe lacerations or even traumatic brain injury.
Documenting Landlord Negligence After a Ceiling Collapse Helps a Premises Liability Attorney Establish “Prior Notice” of a Dangerous Condition.
Upon first noticing any cracks, drips, or water spots on the ceiling, you should immediately notify your landlord, superintendent or property manager. This way a repair can be made before a ceiling collapses and an injury occurs. It is very important to make your request for repairs in writing. This way you can create a record and have proof of your complaint just in case an injury does occur. If you make a complaint in person or by phone, you should write down the date and time you made the complaint and the name of the person you complained to.
If a ceiling does collapse in your apartment and someone is injured, you should immediately seek medical attention by calling for an ambulance or going to the hospital or your doctor. Immediately take photographs of the damage as well as of the debris. If you made prior complaints in writing, copies should be gathered as proof that you notified the landlord. This will establish “ prior notice” of the dangerous condition. This will help a Premises Liability Attorney prove that the landlord was negligent in maintaining and repairing his/her property.
If you are struck by a piece of the ceiling in New York City, including the Bronx and injured, and you believe it was due to your landlord’s neglect to maintain your apartment properly, call a Premise Liability Attorney / Landlord Negligence Lawyer NYC who handles falling ceiling cases.
Here at the Law Offices of Stuart M. Kerner, P.C. we are experienced at assessing injuries and their causes. For a FREE Consultation with a Bronx Personal Injury Lawyer.
Approximately 70% of residential buildings in New York were built before 1940, which means many homes are in need of constant repairs and could potentially be unsafe for residents. If you rent a home or apartment, the landlord or building manager is responsible for ensuring a safe environment for you and your family, no matter the age of the building. The risks of structural failure increase the older a building becomes.
Ceiling collapses are dangerous and even life-threatening. If a ceiling collapses, it could cause you serious harm. Plaster, wallboard, wood and debris can cause significant injuries, perhaps even life-threatening. Medical bills can pile up, you may have to stop working until fully recover.
In the event of a ceiling collapse, who should be held responsible for your injuries? How do you get compensated for:
- Medical bills
- Time lost from work
- Pain and suffering
- Loss of enjoyment of life.
Who is Liable for Injuries From a Ceiling Collapse in The Bronx?
The building owner and perhaps the building manager should be held accountable and made to pay compensation. Ceiling collapses in the Bronx, New York, fall under premises liability personal injury lawsuits, and there will be several elements of proof required to build a strong case, such as:
The building owner or manager had a duty of care to the tenant.
- The duty of care was breached.
- The breach of care was a substantial factor in causing the injury.
- In the state of New York, a building owner has a duty to maintain the structural integrity of a building for all those who live in or visit the building.
Breach of Duty
A breach of the duty of care happens when the responsible party is aware of a potentially dangerous condition and fails to make repairs. A dangerous condition might be a leak in the ceiling. A water leak could be a sign of broken water pipes or a leak in the roof, both of which could cause structural damage to the ceiling, walls, and other parts of the building structure that over time will weaken, and become a potential hazard for its occupants.
If you notice leaks, mold or water stains on the ceiling, document it immediately and bring it to the attention of the building owner and managing agent. Use your phone to take pictures and send those over as well. You need to make sure that the building owner receives this message. Telling a building super is a good start, but no guarantee that the responsible parties will be notified.
Evidence for Your Injury in The Bronx
If you, a family member, or a visitor to your home is injured from a ceiling collapse, document and photograph the condition immediately before the ceiling is repaired. It’s also a good idea to have an independent building inspector or engineer formally document their opinion of why the ceiling failed.
In the event the building owners claim that the water leak was caused by the improper or careless use of water, toilet, sinks, and or baths by tenants above your apartment, have a chat with your neighbors to see if this was the case.
You will also need to describe in detail how you were injured. Where you were, the date and time, what happened, and the injuries you received. Medical records will likely be needed to support full compensation.
Retain an Experienced Bronx Premises Liability Lawyer
The aggressive and experienced legal team at the Law Offices of Stuart M. Kerner, P.C. is very familiar with the laws surrounding premises liability cases and will fight to get you or your loved ones the compensation that you deserve.
Call our office if a ceiling has collapsed in your New York apartment to schedule a free no-obligation consultation.
About The Law Offices of Stuart M. Kerner
If you’ve been injured and want the best possible outcome, the Law Offices of Stuart Kerner P.C. in The Bronx can help you. Our firm has obtained favorable results for injury victims and their families throughout New York in personal injury cases such as auto accidents, oilfield accidents, traumatic brain injuries, and serious personal injuries.
Our law firm offers a free consultation to discuss your accident and review the legal remedies available to you. We’re available 24/7 to answer any questions you may have about your case. Above all, you shouldn’t feel alone and isolated after an accident. We’ll come to you if you’ve been hurt in an accident. Our attorney can travel to your home or hospital at your request.