Category Archives: Brooklyn Landlord Negligence Attorney

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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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Property Damage Claims in NYC and When You Need a Property Damage Lawyer

Posted on August 3, 2020 by

You work hard to be able to buy things that you want and need, which is why it’s so frustrating when another person willfully and intentionally damages your personal property. Property damage can occur in many different circumstances, and some claims are considerably more difficult to prove in a court of law than others. Here’s a look at how to pursue a property damage claim in NYC and when it’s time to hire an experienced property damage lawyer.

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No Hot Water in Your Apartment: What are Your Rights?

Posted on December 21, 2018 by

Depending on the circumstances, a landlord’s failure to provide hear or hot water is illegal, and unfortunately it is not an uncommon problem in NY. According to, In 2017 there were 21,894 complaints about heat or hot water in New York City in just one week.

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Can My Landlord Enter My Apartment at Any Time?

Posted on October 23, 2018 by

While being a homeowner has its perks, many people enjoy apartment life. You simply live in your space and let the landlord take care of the maintenance and other work involved. However, as a tenant, you may be concerned about your rights. After all, your landlord owns your apartment. That means he or she can enter your apartment anytime, right?

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Bank of Apartments in Brooklyn New York

Asbestos and Landlord Negligence

Posted on August 29, 2018 by

Asbestos was a major scare for workers and homeowners a few decades ago. Known for causing mesothelioma and other lung conditions, asbestos was banned in 1989. However, nearly 30 years later, the dangers still exist as older buildings which have yet to be renovated since the new regulations may still contain asbestos.

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Williamsburg Bridge Street Scene in Brooklyn, New York City

Understanding Implied Warranty of Habitability

Posted on May 30, 2018 by

Being a landlord is no easy task. Landlords must meet strict requirements in New York. They can’t just take the monthly rent and do nothing. They have to fulfill certain obligations to tenants throughout the terms of the leases. If they don’t, the tenant has the right to file a landlord negligence claim and receive compensation for damages.

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If Someone is Injured On Your Property, Are You Liable?

Posted on March 27, 2018 by

A friend comes over to your house and slips on a patch of ice while walking up your driveway. In another incident, a trespasser sneaks into your backyard, falls down a hill and breaks an arm. Are you, as a property owner, responsible for either of these incidents?

Under premises liability law, property owners have a duty to avoid exposing people to an unreasonable risk of harm due to a natural or artificial condition. The law states that if the property owner should be aware of the risk and does not remedy the situation in a timely manner, then he or she could be considered negligent and potentially held liable in a lawsuit requesting compensation for damages.

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Snowy brownstone stairs in Brooklyn NY

Landlord Negligence in the Winter Months

Posted on January 29, 2018 by

It’s cold this time of year in New York. Temperatures drop below freezing, sometimes bringing ice, rain, winds and heavy snow.

The extreme weather conditions bring about concerns regarding snow, heating, and rodents, especially for tenants. Landlords have a responsibility to provide livable conditions for tenants. With the average apartment in New York City renting for roughly $3,000 a month, you’ll want to know what exactly you’re getting for that kind of money. Who is responsible for snow removal? Do you have to pay for pest control?

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