rental property in Brooklyn, NYC

Understanding the Liability of Landlords for Injuries on a Rental Property

Posted on January 31, 2022 by

Being a landlord can be a very challenging type of work because of ongoing property maintenance, dealing with tenants, and the potential of being held liable for various accidents. For example, landlords in New York can be held responsible for slip and fall injuries on a rental property and be sued for large sums of money if they fail to uphold their duties.

As a resource for landlords, tenants, and anyone who has suffered a personal injury on rental property, here’s what you should know about landlord liability and pursuing a lawsuit against a landlord.

Stair Injuries Due to Landlord Negligence

Among the most common types of landlord negligence cases that we see at the Law Office of Jeffrey K. Kestenbaum are stair injury cases. Many apartment buildings in New York City have stairs that have become worn down, broken, slippery, or unsafe for various reasons.

A tenant can pursue a lawsuit against the landlord by proving that the landlord was made aware of a stair hazard and ignored it, did not fix it in a timely way, or did not post warning signs about it.

Broken Floor Injury Due to Landlord Negligence

Many people in Brooklyn have been successful in pursuing slip and fall settlements after being injured because of a broken floor. Landlords have a responsibility to make reasonable repairs in the buildings they oversee. This includes repairing or replacing flooring that has become loose, cracked, peeling, broken, or poorly installed.

Meanwhile, tenants are responsible for notifying their landlords when they notice a problem with the flooring. But even if a tenant was partially to blame for a slip and fall on a rental property, it is possible for that tenant to still recover some monetary compensation for related injuries in New York.

Ceiling Collapse Due to Landlord Negligence

Ceiling collapses in rental properties happen more often in New York than you might expect, and landlords can be to blame for this type of structural failure. A collapsing ceiling can cause very serious injuries, including neck injuries, concussions, and brain damage.

The challenge with these cases is proving that the landlord knew about the warning signs of a potential ceiling collapse and did not take action to prevent an emergency situation. Photos to document the damage, copies of written requests asking for repairs, and statements from neighbors who also witnessed the situation can be very helpful for pursuing these cases.

Legal Help with Your Landlord Case

These are just three of the many types of situations in which you might suffer an injury on a rental property when someone else is to blame for your getting hurt. Our law firm specializes in handling landlord negligence cases and proving negligence based on the evidence and expert and witness testimony.

We are here to help you the process of investigating and pursuing a claim against the at-fault party or parties to help you pay for medical bills, lost wages, and other damages. Contact us at 718-237-5586 or send us a message to get started and ask us any questions you have about the liability of landlords for injuries on rental properties.

new york city street

How to Handle a Slip and Fall Restaurant Lawsuit

Posted on January 6, 2022 by

When you make plans to eat at one of your favorite restaurants, the last thing on your mind is having an accident while walking into or out of the dining establishment. However, slip and fall in parking lot accidents are very common on restaurant premises, and the restaurant could be to blame for injuries you sustain.

Here’s what New Yorkers need to know about pursuing a slip and fall restaurant lawsuit and what to do after you have fallen in a parking lot.

What Causes a Slip and Fall in a Restaurant Parking Lot?

It is not only the inside of a restaurant that can pose hazards to diners and the general public. A restaurant parking lot can also be a very dangerous place due to broken concrete, uneven pavement, and widening cracks. Weather conditions can make these parking lots even more hazardous when it has been raining, snowing, or icing outside.

Construction materials and other obstructions placed in restaurant parking lots can cause people to trip and fall unexpectedly. Poor lighting, spilled food, or an overflowing dumpster could also cause a person to fall in a restaurant parking lot.

What to Do after a Slip and Fall in a Parking Lot

The first thing that should be on your mind after falling in a restaurant parking lot is taking care of yourself and addressing any injuries that you may have. If you are able to, it is also helpful to write down any details about your fall while they are fresh in your mind.

These details could include information about the surface where you fell, the weather, and the contact information of any witnesses who saw your accident happen. Take a few photos of the accident scene on your phone, report your accident to a restaurant manager, and contact a local slip and fall attorney before making any statements to the restaurant staff or any insurance company.

Can the Restaurant Be Liable for Your Fall?

Yes, a restaurant can be held responsible for slip and fall accidents that happen in their parking lots. But just because your fall occurred on restaurant property doesn’t automatically make the restaurant liable.

The Law Office of Jeffrey K. Kestenbaum can help you prove that a restaurant owed you a duty of care, failed to meet that duty of care, and that you were injured because of its negligence. One of the most common situations that occurs in restaurant parking lots is when someone falls on a slippery surface in the parking lot and the restaurant knew (or should have known) about the hazard but did nothing to make it safer or provide sufficient warning about it. If the restaurant is located in a strip mall alongside many other businesses and leases the space from a commercial development company, you may also have a claim against the property owner for your slip and fall restaurant lawsuit.

Pursuing a Slip and Fall Restaurant Lawsuit

Restaurant parking lot slip and fall cases can be challenging in New York but are definitely worth pursuing, even if you were partially to blame for your own fall. To learn more about how comparative negligence works in slip and fall cases or to discuss the details of your injuries, please contact us at 718-237-5586.

We look forward to helping you be successful with your case and making the at-fault restaurant pay for its negligence that put you in this situation.

commercial building sidewalk

Have You Suffered a Sidewalk Injury Outside a Commercial Building?

Posted on January 6, 2022 by

Slip and fall accidents can happen anywhere, but one of the most common places they occur is on sidewalks in public places. If you have fallen on a sidewalk, you can be injured in a variety of ways, and it’s important to know what to do if you are injured outside a commercial building.

Here some details about common sidewalk fall injuries and how a sidewalk injury attorney can help you.

Typical Injuries from a Sidewalk Accident

New Yorkers understand that the sidewalks around businesses can easily become dirty, wet, slippery, snowy, icy, damaged, or covered in debris. However, conditions can still take us by surprise and take a serious toll on the human body.

Here are some of the most common injuries that you might sustain if you fall on a NYC sidewalk:

  • Concussions and other head injuries
  • Soft tissue injuries
  • Cuts and abrasions
  • Bone breaks and fractures
  • Spinal cord damage
  • Sprained ankles
  • Whiplash

When a Commercial Building Is at Fault

A slip and fall accident on a sidewalk could be due to a third-party attack, a pedestrian’s own carelessness, or the fault of a commercial or municipal entity. Here in New York City, falls often take place outside of McDonald’s restaurants, Home Depot stores, and Dunkin’ Donuts shops, for example.

Businesses have a responsibility to the public to keep their sidewalks free of dangerous conditions, but there are many factors that go into proving liability against an at-fault company. It is useful to show that the business owned the property where the accident took place. It can be more challenging to pursue a case if the business rents the space from a property owner, but this is also something we can help you with at the Law Office of Jeffrey K. Kestenbuam.

Many businesses and property owners have contracts with third parties to maintain the outside areas around their buildings, so these third-party maintenance companies could also be held liable for your injuries. But regardless of whose responsibility it was to keep the sidewalk safe, you’ll 7need to prove that the sidewalk was in an unsafe condition and that the responsible party knew or should have known about it.

What to Do After Your Sidewalk Injury

As with any slip and fall case, it is most important to seek medical attention for your injuries before anything else. Yet there are other things that you can do after a sidewalk injury outside a commercial building that will be very useful to prove your case. These include documenting the accident details in a report, taking photos, getting witness contact information, declining making any statements, keeping a symptom log, and contacting a sidewalk injury attorney.

The Role of a Sidewalk Injury Attorney  

If you have been injured on a commercial sidewalk because of someone else’s negligence, you need a sidewalk injury attorney to help you win your case. These cases may seem straightforward at first but often involve comparative negligence because the plaintiff is partially to blame for the fall.

At the Law Office of Jeffrey K. Kestenbaum, we have been successful with many sidewalk injury outside commercial building cases and are here to help you 24/7. Contact our office at 718-237-5586 to discuss the details of your slip and fall case so that the liable party can be brought to justice and you can get financial assistance you need for medical treatment.

Man in slip and fall accident on grocery floor

Grocery Store Slip and Fall Settlements How to Pursue Your Case

Posted on November 19, 2021 by

Slip and fall accidents can happen in many different public places, including McDonald’s, Dunkin Donuts, Home Depot, and grocery stores. All of these places pose dangers for both shoppers and employees, which can lead to devastating injuries and lawsuits to hold the responsible person or company accountable.


Here is some information about grocery store slip and fall cases and how to get the highest slip and fall settlement amounts with experienced legal help in New York City.


Common Causes of Grocery Store Slips and Falls

It is common for grocery items to be knocked off of shelves and causes messes in aisles that are not immediately cleaned up. Grocery store employees may leave ladders and other pieces of equipment out where it can be tripped over. Malfunctioning grocery carts, missing floor mats, pallets stacked in walkways, and cracked pavement outside the store can also cause people to become injured while grocery shopping.


When these falls happen, people can suffer from spinal cord injuries, back pain, concussions, and broken bones, cuts, bruises, and fractures may result from even seemingly minor falls in grocery stores.


What to Do After a Fall in a Grocery Store

If you slip and fall in a grocery store, there are important steps that you should remember to take when you are able to. The first thing to focus on is how you feel and get medical attention for your injuries. As soon as possible, take some photos of the accident scene and write down details about the store conditions and your fall in case you have trouble remembering them later. This will come in handy when you are trying to file an accident report with the grocery store later.


Get witness contact information if anyone saw your accident and don’t make a statement until you have spoken with a local slip and fall lawyer. As your medical symptoms progress, keep a log of your treatment and pain because this information factors into skip and fall grocery store settlements.


How to File Grocery Store Slip and Fall Cases

To prove a grocery store slip and fall case, you and your attorney will need to prove that the grocery store had a duty of care to keep you safe and that you were injured because of the store’s negligence or the negligence of a store employee. If the grocery store breached its duty of care to you and is liable for your measurable injuries, you may be entitled to compensation to help you get back to your normal life.


Comparative negligence often comes into play with grocery store slip and fall cases because the injured person was partially responsible for his or her own injuries due to being distracted or careless. However, New York law is favorable to plaintiffs because it has a pure comparative negligence rule for personal injury cases. This means that you may recover from a claim at a reduced amount even if you were somewhat to blame for your fall.


Find Legal Help for the Highest Slip and Fall Settlement Amounts

The Law Office of Jeffrey K. Kestenbaum has helped many people pursue cases against grocery stores and win settlement money to help them pay for medical bills, lost time from work, and other accident-related expenses. For a free consultation after you have fallen in a grocery store, contact us online or by phone at 718-237-5586.


Worried young man with broken leg in plaster cast lying down on sofa at home and talking on smart phone.

Understanding Stair Injuries Due to a Landlord’s Negligence

Posted on November 19, 2021 by

Although many residential buildings in New York City have elevators, others only have stairs because they are older structures. Meanwhile, tenants often take the stairs to stay in shape or because they don’t want to wait for slow elevators. Climbing stairs is great exercise, but it can also lead to serious stair injuries if the passageways are not properly maintained by the person in charge of the building.

Here’s what you need to know about stair injuries in NYC and when it’s time to call an attorney to bring a landlord to justice.


Types of Stair Injuries

Stair injuries commonly happen due to stairs that have become broken or worn down over time. They also occur because of broken handrails, poor lighting, ripped carpet covering the stairs, or slippery conditions due to wet weather.


Common injuries that result from a fall on stairs include concussions, broken bones, spinal cord injuries, back and neck injuries, and bruising. These injuries can be painful and expensive to pay for because of their long-lasting effects and ongoing treatment required.


Tenants may fall on stairs when they are in a hurry and rushing to get out the door, because they are intoxicated, or because they are scrolling on their phones and not paying attention to their surroundings. Contributory negligence is a factor when a person is partially (or even mostly) at fault for his or her own injuries. But in the state of New York, you can still pursue a successful case against a landlord if you share some of the blame for a staircase accident. If this is the situation, it is important to work with an experienced personal injury attorney to get the highest value settlement possible given the circumstances of your stair injuries.


When Is a Landlord at Fault for Stair Injuries?

A landlord may be held liable for your stair injuries if you can show that he or she was aware of the stairs’ dangerous condition and did not fix the condition or post warnings about the hazard. This is because landlords have a responsibility to their tenants to keep the premises safe.


This may require replacing flooring or carpeting, installing good lighting in stairways, placing functional handrails along the stairs, or putting up signs when stairs are slippery or undergoing repairs. Landlords also have a responsibility to keep stairways and other shared areas of their buildings compliant with building codes and local ordinances.


When to Hire an Attorney for Stair Injuries

At the Law Office of Jeffrey K. Kestenbaum, we help people after all kinds of slip and fall accidents, including falls at Dunkin Donuts, McDonald’s, Home Depot, and grocery stores. Yet many of our clients come to us because of falls in their own apartments due to dangerous stairs and other hazards that should have been handled by landlords.


To learn more about what to do if you are involved in a slip and fall accident, please contact our office. We will walk you through the process of how to pursue a stair-related accident case against your landlord and the types of evidence that can best prove your case and win the settlement you deserve.


Our legal team is standing by 24/7 to help you during this challenging time, so give us a call at 718-237-5586.

Businessman falling over at work in a slip and fall accident, legs in air

How to Pursue a Slip and Fall at Work Lawsuit Because of a Faulty Building

Posted on November 19, 2021 by


It may be possible to recover damages through a personal injury lawsuit if you have fallen at work to maximize your recovery. Building defects could be to blame and cause hazards on the job, especially to workers on the move, such as postal workers, delivery professionals, and security guards.


Here are some tips for filing a slip and fall at work lawsuit and how the Law Office of Jeffrey K. Kestenbaum can help you win your case.


Common Causes of a Slip at Work

Depending on the type of work you do, there can be many different hazards that you encounter while simply doing your job. Building-related injuries can happen in many different workplace settings, such as McDonald’s, Home Depot, and Dunkin Donuts. It is also very common to have a slip and fall accident in a building that isn’t your primary place of business if you are making a delivery or patrolling the grounds on an assignment.


Falls during the workday can occur because of a slippery floor, a spill that wasn’t promptly cleaned up, poor lighting in stairwells, and broken handrails. Loose cabling, ripped rugs, and clutter in walkways can also cause a person to fall while working.


Determining Liability in a Slip and Fall at Work Lawsuit

To pursue a claim for a fall injury that happened while you were working, you’ll need to establish that the unsafe condition was the property owner’s fault. Either the property owner or his or her employee caused the damage that led to your accident or should have known about the condition and done something about it.


Factors to consider include how long the condition existed before your fall, the policy for routine property checks, and preventative measures that could have been taken. You may also have to prove that you didn’t cause the accident yourself; however, contributory negligence claims still have settlement value in the state of New York.


As we evaluate your case, we will identify all potentially liable parties and investigate if those parties either caused or failed to prevent your accident. Depending on the circumstances of your incident, you may be able to demand payment for medical bills, future medical expenses, rehabilitation costs, lost wages, loss of future income, and pain and suffering.


Why Hire a Slip and Fall at Work Lawyer

If you have fallen and gotten injured while working, the Law Office of Jeffrey K. Kestenbaum can help you with a personal injury case. We offer free legal consultations to assess your case and handle many different types of injury cases due to falls. Our legal team is experienced, compassionate, and dedicated to fighting for your rights when unmanaged work hazards and faulty buildings have impacted your life.


Contact us at 718-237-5586 to take the next steps for legal action and get back to the job you do best. There is only a limited amount of time available to pursue a case after your accident, so don’t delay making this very important call.

What to Do After a Broken Floor Injury in Your Home

Posted on October 29, 2021 by

Whether you live in an old or new rental house or apartment, the floors likely see a lot of wear and tear over the years. With multiple tenants coming and going, plus buildings that are getting older without receiving proper maintenance, it is very possible to suffer from a broken floor injury in your own home.

Read on to learn more about broken floor injuries and why you should contact a landlord negligence attorney if you have suffered because of a broken floor in one of your rooms.

Causes of Broken Floors

Broken floors are the cause of many slip and fall accidents in residential properties throughout New York City. Flooring can become loose and uneven over time due to poor construction, damage that a tenant has caused, or failure of a landlord to make reasonable repairs.

Cracked and peeling linoleum floors, bunched-up carpet, loose rugs, and poorly installed tiles can all cause broken floor injuries. You may also fall on a floor because of unlevel subflooring, split hardwood floors, and thresholds between rooms that are too wide or tall.

Types of Broken Floor Injury

You can be injured in many different ways because of a broken floor, depending on how you fall and the severity of the floor damage. You could sustain cuts and bruises because of your fall or even hit your head and have a concussion. Broken bones, torn ligaments, and spinal cord injuries can all result from an accident when you fall on a damaged floor.

Broken Floor Injuries Due to Landlord Negligence

If you live in a rental property and have a landlord, it’s important to know what he or she is legally required to provide to keep you safe. In addition to installing smoke and carbon monoxide detectors, securing your door with a lock, and having fire extinguishers available in common areas, landlords must also maintain a habitable building that is up to building code requirements.

As a tenant, it is your responsibility to notify your landlord when you see an issue with flooring so that he or she can address the problem. To pursue a lawsuit against your landlord for your injuries, you’ll need to be able to show that a dangerous flooring condition existed, that your landlord was aware of the condition and failed to acknowledge or repair it, and that this negligence caused you to be injured. However, if you caused your own flooring to become damaged and then were reckless and injured yourself because of that damage, it will be much more difficult, if not impractical, to pursue a case against your landlord.

Why Hire a Broken Floor Injury Attorney

There are many factors and nuances that go into bringing a landlord in New York City to justice because of a flooring issue in a rental space. At the Law Office of Jeffrey K. Kestenbaum, we have helped many tenants pursue these types of cases and be successful in receiving monetary compensation to help pay for their medical bills, pain and suffering, and lost wages from missed work.

We are experienced in all types of personal injury matters but are particularly experienced with broken floor injury cases where landlords are partially or fully to blame for incidents. We can help you determine whether you have a valid claim and who the negligent party is who caused your slip and fall. Contact us online or by phone at 718-237-5586 to tell us more about your flooring-related accident and for a free and confidential legal consultation.

construction worker fixing ceiling collapse

Ceiling Collapse Accidents and Hiring a Ceiling Collapse Lawyer

Posted on October 29, 2021 by

Whenever most people walk into a room, the last thing they ever expect to happen is having the ceiling collapse on them. However, ceiling collapses are actually more common in New York than you might think, and their effects can be absolutely devastating.

Here’s what you should know about pursuing a lawsuit for a ceiling collapse accident and how to hire a NYC ceiling collapse lawyer to help you win your case.

Causes of Ceiling Collapses

Old, poorly maintained apartments are notorious for having ceiling collapses in New York City and result in falling debris that puts your safety at risk. One major cause of ceiling collapses is plumbing issues in the unit above you that weakens your ceiling. If the building’s landlord doesn’t fix plumbing issues in a timely way, part of the ceiling could fall on you while you are spending time in your apartment or even while you’re sleeping.

A construction defect, structural damage due to storms, and poor maintenance could also cause a ceiling to collapse. Your ceiling may be on the brink of collapsing if you notice sagging, cracks, water damage, or creaking noises coming from above.

Injuries from Ceiling Collapses  

The most common injuries that result from ceiling collapses are head and neck injuries due to the falling debris from above. These types of injuries can be very severe and cause concussions and brain damage. Debris from a ceiling collapse can also cause cuts, bleeding, bruises, and broken bones.

The Role of Landlord Negligence

A landlord may be to blame for a ceiling collapse, but the challenge lies in determining fault and proving negligence. As soon as your ceiling collapses and when you are able to, take some photos of the scene to document the damage and how it has affected your space. Another useful piece of evidence is a prior written request from your upstairs neighbor requesting that the landlord fix a plumbing problem. In New York City apartments, landlords are required to take reasonable care and to prevent emergencies and keep you and other tenants safe from harm.

How a Ceiling Collapse Lawyer Can Help

Fortunately, there are trained legal professionals who are very familiar with ceiling collapse cases and know what it takes to win these types of personal injury lawsuits. Jeffrey K. Kestenbaum is a Brooklyn landlord negligence attorney who will fight for your rights and bring your landlord (or any other at-fault parties) to justice.

After taking care of any injuries that you have sustained from a ceiling collapse, you’ll also want to file an official report with the property owner and retain a copy of the report for yourself. Then call our office at 718-237-5586 to go over the next steps involved in pursuing a case.

Find a NYC Personal Injury Attorney After Your Accident

If you or someone you care about has been injured by a ceiling collapse due to someone else’s negligence, the Law Office of Jeffrey K. Kestenbaum can help. We can help you understand your landlord’s legal responsibilities and evaluate your case against your landlord due to negligence. You need an experienced legal team on your side to collect monetary compensation for your damages after something as serious as a ceiling collapse occurs.

To learn more about the legal process and for an initial consultation with a ceiling collapse lawyer, please contact us.

construction site in nyc

Why You Might Need a Construction Site Accident Lawyer NYC

Posted on October 1, 2021 by

Because of all the dangers and hazards involved in construction work, construction accidents can be absolutely devastating. In New York, construction workers are injured regularly due to heavy machinery, equipment malfunctions, falls, collapses, and environmental conditions.

If you or someone you know works in the construction industry, here’s why you might need a construction site accident lawyer in NYC either now or in the future.

Causes of Construction Site Accidents

These are some of the most common situations that lead injured construction workers and their families to contact the Law Office of Jeffrey K. Kestenbaum for legal advice and representation:

  • Collapsing structures
  • Falls off scaffolding
  • Malfunctioning equipment
  • Tripping hazards at construction sites
  • Lack of personal protective equipment
  • Being crushed between equipment
  • Repetitive motions
  • Respiratory disease due to toxic exposure

Who Can Be at Fault for Construction Accidents?

One of the biggest challenges of these cases is determining who is at fault, especially when multiple parties could be to blame for a worker’s injuries. This is why you need a skilled construction site accident lawyer in NYC on your side.

It is typically the responsibility of a general contractor to ensure that safety regulations are met. However, a construction company can be held liable for a worker’s injuries if the company didn’t properly prepare the building area or provide warnings where hazards exist. If an injury resulted from defective equipment, an architect, engineer, contractor, or subcontractor could be at fault. Meanwhile, a property owner could be at fault for a construction site injury if that person made poor decisions about safety issues and didn’t provide safe barriers to protect the public. City and government agencies, as well as machine manufacturers, could also be to blame for a worker’s injuries. Construction workers may be at fault for their own injuries if they were acting carelessly or not following safety protocols.

Proving Liability After a Construction Accident

To be successful with a personal injury claim based on negligence at a construction site, you will need to prove that the defendant owed you a duty of care, breached that duty of care by being negligent, and that this negligence caused you harm. If you file a premises liability personal injury claim, you’ll need to show that the defendant had control over the property where the injury happened, was negligent in the use of that property, and that you were harmed due to this negligence. There are other legal standards that must be met if you wish to pursue a case based on a product defect or an employee’s negligence.

Section 240 of the New York Labor Law, known as the “Scaffold Law,” protects construction workers who are working at elevated heights and fall or who are hit by falling objects. Under Section 240, project owners and managers, building managers, and contractors can be held liable for a worker’s injuries. Meanwhile, Section 241 of this labor law protects construction workers at the ground level from slips, trips, falls, air contamination, and chemical hazards.

At the Law Office of Jeffrey K. Kestenbaum, we know how to apply New York laws to your case to get you the settlement you deserve. Our law firm can help you pursue a personal injury case against one or more at-fault parties. We can also help you determine the best legal course of action for your specific situation, whether that is moving forward with a personal injury lawsuit, construction defect case, workers’ compensation claim, or civil lawsuit for product liability.

If you need a construction site accident lawyer in NYC, call us today at 718-237-5586 or contact us online.

lawyer writing on paper in offfice

How to Handle an Injury Due to Landlord Negligence

Posted on October 1, 2021 by

If you are renting a place to live, it’s important to know what your landlord’s legal responsibilities are to understand if you can sue him or her if you get hurt. Personal injury lawsuits against landlords can be challenging to pursue, which is why you need a skilled legal team, like the Law Office of Jeffrey K. Kestenbaum, on your side.

Here is some information about pursuing a case involving injury due to landlord negligence.

Examples of Landlord Negligence

Landlords can be held responsible for a variety of things when an accident happens on property they own or manage. For example, a tenant could fall on a broken stair in an entryway that is shared by all tenants in the building. Uneven flooring, broken handrails, loose carpet, and snow and ice can cause tenant injuries too, and depending on the situation, a landlord may be to blame. Many kinds of injuries can result from slip and fall accidents at a rental property, such as broken bones, brain damage, and spinal cord injuries.

Proving Negligence Against a Landlord

As your personal injury attorney, Jeffrey K. Kestenbaum will assess a few different factors to determine if your landlord was negligent and the strength of your case. It is necessary to prove that the behavior of your landlord was the proximate cause of your injuries because he or she knew about a hazard and could have done something about it. Other factors include whether a reasonable person could have foreseen a potential accident, the likelihood of serious injury, and the feasibility to correct the problem.

When Tenants Are Partially to Blame

In many situations, a tenant’s injuries are due to both a landlord’s negligence and also the tenant’s own carelessness at the same time. A court may apply the concept of comparative fault to a case like this by assigning a percentage of responsibility to both parties, ultimately reducing the settlement amount that you might receive. Each state handles this situation a bit differently, but New York is a pure comparative fault state. This means that any party involved in a personal injury lawsuit can receive compensation if negligence is shared between two or more entities, regardless of how small the percentage of fault may be.

Duties of Landlords

Landlords are required by law to take reasonable care to prevent injuries, which means that anyone who is competent and in a similar position would have taken action as needed. However, landlords who perform regular inspections of their properties cannot be expected to respond to every minor repair within seconds or without being informed about the issue. When there are children in the building, landlords need to take extra care to protect them from dangers and anticipate injuries that could result because of how children typically act.

Get Help with Your Landlord Negligence Case

To win your case for injury due to landlord negligence and get the best slip and fall settlement possible, the Law Office of Jeffrey K. Kestenbaum can help. We have successfully pursued many landlord negligence cases and helped numerous tenants get the settlements they deserve and need to help pay for medical bills, lost wages, and other damages.

To learn more about how the legal process works or for a free consultation, contact us at 718-237-5586 or send us a message online.

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