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    New York Landlord Premises Liability Attorneys

    Experienced Landlord Premises Liability Lawyers Serving New York

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      The use of this form for communication does not establish an attorney-client relationship.

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      New York Landlord Premises Liability Attorneys

      Experienced Landlord Premises Liability Lawyers Serving New York

      New York Landlord Premises Liability Attorneys

      Experienced Landlord Premises Liability Lawyers Serving New York

        Free Case Evaluation

        The use of this form for communication does not establish an attorney-client relationship.

        Completing this form opts you in to receive select communications from Friedman & Ranzenhofer.

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        Why Choose Friedman & Ranzenhofer, PC Injury Lawyers?

        Millions recovered for people like you.

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        Thousands of satisfied clients from across New York State.

        Service is our business. You can talk to an attorney anytime on the phone or at a NY location that is convenient for you.

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        Mr. Ranzenhofer and his attorneys were great! My case was handled quickly and I got a great result – $300,000. I fell at my doctor’s office, so I knew it was a hard case. Mr. Ranzenhofer developed a strategy that got me a great result. I highly recommend Mr. Ranzenhofer and his team of attorneys.

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        We were treated in a respectful, professional and helpful manner while preparing our wills, healthcare proxies and power of attorney. Mr. Friedman took as much time as we needed to answer all of our questions and concerns. His staff was friendly and efficient. We highly recommend him.

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        Highly recommended…Sam handled a case for me with a buffalo tow truck Company, we won our case and a judgment. Sam was highly professional knowledgeable and effective. He knows the local laws and how to get successful outcomes!

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        I consulted with Justin Friedman in an effort to obtain reimbursement following damage to my personal property. Justin was diligent, tenacious, professional, and clearly dedicated to assisting me, all of which led to a very positive outcome. I was very impressed with his work and I highly recommend his office.

        – Lisa Kilanowski

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         Robert (“Bob”) Friedman loves sharing his knowledge of the law and 43 years experience as a New York attorney by writing books, blogs and newspaper columns; presenting seminars and webinars; serving on nonprofit boards; and mentoring law school students. He attributes his success to client educationcommunity involvement, and a reputation for cost effective, practical solutions to legal problems.

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        Who Can a NY Tenant Sue For Injuries?

        • Property Managers employed by the NY landlord.
        • Property Owners
        • Other Tenants & Their Guests
        • Snow plow operators who negligently plow and clear the parking lots, driveways and sidewalks.
        • Security Guard Companies who provide security services for landlords.

        Why Hire an Expert NY Landlord Liability Attorney?

        Robert Friedman has forty-three years experience as a Rochester, NY personal injury and landlord/tenant lawyer. Additionally he has thirty-seven years experience prosecuting building code violations as a town and village prosecutor. He is an expert on apartment security having been Director of a NY Security Guard Company; and Instructor of NY Security Guards, Landlords, Property Managers, Real Estate Brokers and Town & Village Judges.  He is the author of many legal guides, including How to Survive Legally as a Landlord and Injury Victims’ Legal Survival Guide.

        What Compensation Are Injured NY Tenants Entitled to?

        Under New York premises liability law, injured victims are entitled to financial compensation for the full extent of their losses. If you were injured at a New York residential rental property, we can assist you recover compensation for emergency medical expenses, long-term medical care, rehabilitation costs, current and future loss of income, pain and suffering, mental anguish, long-term disability and disfigurement.

        Disputes between landlords and tenants often deal with repairs and dangers on the rental property.  When tenants repeatedly inform their landlords of issues and the landlords take no action, the tenants or their guests could be seriously injured.  But can these tenants sue their landlords for injuries?  In many cases, injured tenants can sue a landlord for injuries at a rental property. 

        When Can I Sue My Landlord for Injuries in NY?

        In most injury cases that occur because of dangers on property, you can sue the property owner.  These owners have a duty to keep the place safe for guests and to clear up any hidden dangers – or at least warn people of those dangers.  Typically, landlord liability cases in New York involve the landlord or property owner’s failure to properly maintain the premises, i.e., negligence in maintaining walkways. NY landlords may also be held liable for criminal activity due to negligent maintenance or negligent security in the face of foreseeable criminal conduct of third parties.

        In addition to negligence, NY landlords’ premises liability lawsuits can be based on housing code violations and breach of the NY warranty of habitability.

        Code violations: New York City, like other cities, has a strict housing maintenance code. Multi-family dwellings, such as most rental properties, are held to particularly high standards. The code covers many different issues, from fire exits to how construction work is to be marked off and completed. If a landlord fails to follow the requirements of the housing code, and an injury happens as a result, the landlord may be liable for the victim’s damages.

        Under the NY warranty of habitability, tenants have the right to a livable, safe and sanitary apartment. This right  is implied in every written or oral residential lease. Any lease provision that waives this right is contrary to public policy and is therefore void. Examples of a breach of this warranty include the failure to provide heat or hot water on a regular basis, or the failure to rid an apartment of an insect infestation. Public areas of the building are also covered by the warranty of habitability. Owners of cooperative apartments can raise the warranty of habitability but not owners of condominiums. Tenants and subtenants in cooperatives and condominiums can raise the warranty of habitability. Any uninhabitable condition caused by the tenant or persons under the tenant’s direction or control does not constitute a breach of the warranty of habitability. In such a case, it is the tenant’s responsibility to remedy the condition (NY Real Property Law §235-b).

        Are NY Landlords Liable for Injuries Inside the Rental Property?

        Yes, if you are a tenant renting an apartment from a NY landlord ,you may be able to sue for injuries inside your apartment if caused by something the landlord did or failed to do. If the property had unsafe wiring that sparked a fire or a structurally unsound roof that led to a collapse, these injuries are likely the landlord’s fault.  You may also be able to sue for unsafe living conditions in an apartment that caused injuries or for inoperable smoke detectors that allowed you to be injured in a fire. Talk with our Rochester, NY attorneys about wrongful deaths caused by residential house fires. 

        Are NY Landlords Liable For Tenant Injuries in Common Areas?

        Yes, injuries that occur in common areas of the building such as lobbies, stairwells, and elevators may also be the landlord’s fault. For these injury cases, you still need to prove that the landlord did something wrong.  If the danger was previously reported and the landlord did not fix it or put up a warning sign in a reasonable amount of time, the landlord  should be held responsible for the injuries that danger caused. For example:

        • Icy sidewalk injuries;
        • Falls on uneven stairs;
        • Falls due to broken handrails;
        • Slips and falls in poorly lit stairwells;
        • Elevator drops or malfunctions;
        • Slipping on wet or unreasonably dirty lobbies;
        • Broken or malfunctioning fire doors; and
        • Broken or malfunctioning alarm systems

        Can a NY Tenant Sue the Landlord for Negligent Security?

        Landlords bear responsibility in cases of negligent security.  If a locked door or buzzer system was malfunctioning and people without approved access got into the building and injured people inside, that could be the landlord’s fault. 

        Landlords are liable for criminal acts – assaults, murders, robberies and rapes – which take place on their premises.  Landlords do not have a guarantee to tenant’s safety.  However, they must take all economically feasible steps to provide a reasonable level of security.

        A landlord may be liable for criminal assaults on a tenant where:  (1) a property defect such as a broken lock or window latch, enhances the risk of attack; or (2) the landlord fails to provide specific security measures as promised.

        Although landlords have no general duty to protect tenants from criminal attack, such a duty may arise when a landlord has created, or is responsible for, a known defective condition on the premises that foreseeably enhanced the risk of criminal attack.  Moreover, a landlord who undertakes, either gratuitously or by contract, to provide security will thereafter have a duty to act with reasonable care.

        Can NY Leases Exempt Landlords From Liability for Tenants’ Injuries?

        Most NY landlords include language in leases to try to reduce responsibility and block lawsuits.  However, some of this language only applies to lawsuits dealing with rent payment and financial issues.  In many cases, landlords cannot contract out of injury lawsuits.  The following lease provisions are illegal:

        • Exempting landlords from liability for injuries to persons or property caused by the landlord’s negligence, or that of the landlord’s employees or agents ( NY General Obligations Law § 5-321)
        • Waiving the tenant’s right to a jury trial in any lawsuit brought by either of the parties against the other for personal injury or property damage (NY Real Property Law§ 259-c).
        • Waiving the Warranty of Habitability (NY (Real Property Law §235-b).

         Once your NY landlord is notified of your injuries, the landlord may try to evict you or to repair the defects and hide any evidence of wrongdoing. 

        What Evidence Does A NY Premises Liability Attorney Need?

        You should always work with a lawyer to sue a landlord.  Once you are injured and the landlord finds out that there might be legal issues with you, they may begin aggressive campaigns to try to evict you or to repair the defects and hide any evidence of wrongdoing.  If you are injured, contact a Premises Liability Lawyer quickly to lock down the evidence you need and get the necessary paperwork filed for your injury case. Much of the evidence of your injury will be in the landlord’s control.  For example, if someone else reported the danger or defect to them, the record of that communication should be in the landlord’s files. Your lawyer will need that communication to show the court that the landlord was on notice that the defect existed and that the defect was not repaired in a reasonable time. The landlord might also have repair logs, security camera footage, and other evidence that can help with your case.  We can subpoena this evidence in court to get the full picture of what happened and use the evidence in a lawsuit. Call Our NY Premises Liability Attorneys for Help.

        Can NY Tenants Sue Landlords for Slip & Fall on Rental Property?

        New York landlords have a legal obligation to ensure that their rental properties are  free from unreasonable safety hazards. If a landlord fails to live up to that legal obligation, they may be deemed negligent. After an injury such as a slip and fall in an apartment, you may be wondering “Can I use my landlord?” If you have been injured due to the negligence of an NY landlord, an attorney can help you recover compensation by filing a residential premises liability lawsuit. Injuries at rental properties can occur for many different reasons. The landlord will be liable for these injuries if it can be established that they breached their legal duty to provide invited guests with reasonably safe conditions. Fall accidents are very common. The Centers for Disease Control and Prevention has found that 2.8 million Americans require emergency medical attention because of a fall accident every year. Landlord liability lawsuits in the Rochester, NY area often involve injuries that occur due to sidewalk fall accidents, parking lot fall accidents, and stairway accidents.

        Common types of Slip And Fall Landlord Liability cases are:

        • Slippery floors are one of the leading causes of serious fall accidents. This is an especially common at the entrance or exit of apartment buildings. These floors can get wet and slippery. Landlords must take proactive measures to reduce the risks caused by slippery floors.
        • Snow and ice on the outer walkways of the rental property also present a major safety hazard. When snow and ice is present from November through March, landlords must eliminate the hazards caused by the winter elements. Snow and ice should never be allowed to build up on walkways or driveways.
        • Property defects and poor maintenance:Landlords have a duty to keep their premises free from unreasonable property defects. Regular maintenance should be conducted and defects should be eliminated as soon as possible. If you are injured by a property defect, such as a loose stair or a broken light, you should take legal action against the negligent landlord.

        Are Window Guards Required in NYC Apartments?

        Yes- Landlords in New York City must install window guards at the request of a tenant and in any apartment in which a child under the age of ten resides, whether requested or not. Landlords are required to provide tenants with a form stating whether there are children residing in a household and to request installation of window guards. Tenants are required to notify their landlord when they have children of this age living in their apartment, or if they provide child care services in the apartment. Tenants may not refuse installation. Once window guards are installed, the tenant must not take down, make alterations to, or remove any part of the guard. Landlords in New York City must install Department of Health and Mental Hygiene-approved window guards. If an object more than five inches in diameter can fit through, over or under a window guard, then it is not installed properly. All approved window guards have a manufacturer’s approval number imprinted on a vertical stile of the guard, and must be appropriate for the type of window in which they are being installed (NYC Health Code § 131.15; NYC Admin. Code § 27-2043.1). Windows giving access to fire escapes are excluded. Protective guards must also be installed on the windows of all public hallways. Landlords must give tenants an annual notice about their rights to window guards and must provide this information in a lease rider. Rent controlled and stabilized tenants may be charged up to $10 per window guard (NYC Health Code § 131.15).

        How Do Tenants Prove Negligence In NY Rental Property Injuries Cases?

        Disputes between landlords and tenants often deal with repairs and dangers on the rental property.  When tenants repeatedly inform their landlords of issues and the landlords take no action, the tenants or their guests could be seriously injured.  But can these tenants sue their landlords for injuries?  In many cases, injured tenants can sue a landlord for injuries at a rental property.  To hold a landlord liable for your injuries, your New York premises liability attorney will need to prove negligence. Negligence has four basic  required elements:

        1. Duty
        2. Breach
        3. Causation
        4. Damages

        In landlord liability cases, assessing negligence usually requires considering the following three questions:

        1. Did the landlord know, or should they have known, about the presence of the safety hazard?
        2. Was your injury reasonably foreseeable?
        3. Did the landlord have a reasonable opportunity to take corrective action?

        If the answer to all three of those questions is “yes,” then you likely have a viable premises liability claim.

        Our Firm Has A Proven Record Of Success With Landlord Negligence. Our firm has significant experience handling NY premises liability cases. Negligent landlords should be held accountable and we can help you make that happen. Your residential landlord has a legal duty to keep the premises of the building in reasonably safe condition. If they fail to live up to that obligation, and you are injured as a result, contact our office immediately. We will help you seek the full and fair compensation you deserve.

        Landlords have a duty to maintain their premises in a reasonably safe condition. A landlord is under a duty of ordinary care to inspect the premises when he has reason to suspect that defects exist and to either repair them or warn the tenant of their existence. The landlord’s negligence may consist of:

        1. Failure to repair after promising to do so.
        2. Concealing or failing to disclose a dangerous condition to the tenant.
        3. Failure to maintain common areas or areas under his control, (i.e. those areas necessary for the safe use of the premises).
        4. The negligent making of repairs.
        5. Inadequate lighting.

        If a landlord fails to meet his duties, a person who suffers an injury may have a right to sue him if it can be proven that:

        • There was unsafe conditions on the premises.
        • The injury was caused by the unsafe condition.
        • The landlord knew of the unsafe condition or the condition had existed for so long that he should have discovered it during the course of regular inspections.

        Injured By Landlord Negligence?

        Speak To Our New York Premises Liability Team Today. Our renter and landlord liability attorneys are ready to help you. If you were seriously injured at a residential rental property, please contact our office today to set up a free review of your case. Our firm will not collect a fee unless we successfully secure compensation for your injuries. We represent injured victims throughout New York.

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        If you have questions about a legal issue, contact our experienced Rochester attorneys today for dedicated representation.

        Let our experience work for you.
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