Slip-and-fall accidents can happen anywhere, but apartment complexes are among the most common locations for these incidents in New York City. With nearly two-thirds of New Yorkers renting apartments, many tenants may have valid legal claims if a fall occurs due to negligence.
This guide outlines the steps to take after a slip-and-fall accident at an apartment complex, from seeking medical care to filing a claim for compensation.
Common Causes of Slip-and-Fall Accidents at Apartment Complexes
While some accidents occur because the individual wasn’t cautious or was under the influence of drugs or alcohol, others are the result of landlord negligence. Examples of landlord negligence include:
- Failure to remove snow and ice from sidewalks and entryways
- Inadequate lighting in common areas
- Unrepaired broken flooring or staircases
- Lack of cautionary signage during maintenance or repairs
Landlords are legally required to maintain safe living conditions for tenants and visitors. Failing to do so can make them liable for injuries sustained on the property.
Step 1: Assess Your Injuries and Seek Medical Treatment
Your first priority after a slip-and-fall accident is to take care of yourself. Common injuries from these incidents include:
- Broken bones
- Concussions and other traumatic brain injuries from head impacts
- Severe injuries from falls down stairs or near traffic
Prompt medical attention is crucial, not only for your recovery but also for documenting your injuries as evidence for your claim.
Step 2: Collect Evidence to Support Your Claim
If you suspect landlord negligence caused your accident, gather evidence to strengthen your case. Key evidence may include:
- Your lease agreement: Highlight clauses that assign maintenance responsibilities to the landlord.
- Communications with your landlord: Emails or messages reporting hazards that were ignored.
- Photographs: Capture the accident scene and any hazards, such as icy sidewalks or broken stairs.
- Witness statements: Neighbors or bystanders who saw the incident or are familiar with the hazard.
- Medical records: Documentation of your injuries and treatment.
The sooner you collect evidence, the stronger your claim will be.
Step 3: Determine Fault in Your Case
To hold your landlord accountable, you must prove their negligence caused your injuries. In general:
- Landlords are responsible for maintaining common areas, including hallways, entryways, staircases, and sidewalks.
- Tenants are responsible for hazards within their own apartments.
The burden of proof is on you to show that the landlord failed to meet their legal responsibilities, resulting in your accident.
Step 4: Work with a Trusted Personal Injury Attorney
At the Law Office of Jeffrey K. Kestenbaum, we specialize in personal injury cases, including apartment slip-and-fall accidents. Our experienced team will:
- Investigate the accident to determine fault
- Prove your injuries are directly related to the incident
- Negotiate with insurance companies on your behalf
- File court documents and represent you in court if needed
We are committed to getting you the compensation you deserve for medical bills, lost wages, and pain and suffering.
Call us 24/7 at 718-237-5586 or fill out our online contact form for a free consultation with our Brooklyn-based legal team.
