Slip and fall accidents can happen essentially anywhere, but one of the most common places they occur in New York City is at apartment complexes. Nearly two-thirds of New Yorkers rent apartments, and many of these renters have valid legal claims against an at-fault party because of a fall.
From the moment you are injured to being compensated for damages, here’s what you should know about filing a slip and fall apartment complex claim.
Common Causes of Apartment Accidents
At times, the injured person is to blame for slip and fall accident in an apartment complex because he or she wasn’t being cautious or was under the influence of drugs or alcohol. But at other times, a landlord could be negligent because of failure to provide a safe place to live and move around. Examples of landlord negligence include failure to remove snow and ice from apartment complex sidewalks, not providing adequate lighting in common areas, and not fixing broken flooring that could cause a person to slip and fall. Broken staircases and failure to put up cautionary signage when repairs are being made may also be linked to landlord negligence .
Assess Your Injuries and Seek Treatment
The first thing to do after any accident is to take care of yourself and seek medical treatment for any injuries that you have suffered. Common injuries that occur after slip and fall apartment complex accidents are broken bones, and concussions if you hit your head during the fall. Falls down flights of stairs and outside near traffic can cause particularly serious injuries that may require extensive procedures and follow-up appointments.
Collect as Much Evidence as Possible
If you believe that someone else, such as your landlord, is to blame for your accident, it is important to collect evidence quickly to prove your claim. This could include a lease stating that your landlord is responsible for a particular aspect of property management and copies of emails to the landlord notifying him or her about an issue that was never addressed. Other evidence may include photographs of the accident scene, witness statements from other apartment complex residents, and hospital records that document your relevant injuries.
Determine Fault in Your Case
As the injured party, the burden of proof is on you to show that your landlord was responsible for causing your injuries. Landlords and property owners have a general responsibility for not putting tenants into harm’s way and keeping the property safe from hazards and well-maintained. Tenants are responsible for things inside their own apartments but landlords are responsible for other areas, such as hallways, entryways, sidewalks, and staircases.
Work with a Local Lawyer You Can Trust
At the Law Office of Jeffrey K. Kestenbaum, we can assist you with accident investigation, proving your injuries are related to your accident, negotiating with insurance companies, and filing court documents to get you the compensation you deserve. If your case cannot be settled outside of court, we are also prepared to represent you at trial to pursue the at-fault party for your apartment accident case. Call us 24/7 at 718-237-5586 or contact us online to have our Brooklyn legal team take a look at your case.