As a tenant in New York City, you have certain rights. The most fundamental of these rights is to be safe from harm in your home. Your landlord cannot guarantee that there will never be a fire or another emergency in your apartment building, but he or she can – and is legally required to – take reasonable care to prevent emergencies and provide you with features that will keep you safe in the event of an emergency. Failure to take reasonable care to protect one’s tenants is an act of landlord negligence.
Mold can be found in homes and public settings across the nation. Mold can grow anywhere, but is most commonly found in high humidity environments like greenhouses and saunas. Individuals who are exposed to mold can suffer from stuffy noses, skin and eye irritation, and difficulty breathing. Individuals who are allergic to mold can experience more severe symptoms as well, such as fever, shortness of breath, and even mold infection in their lungs.
When you rent a house or apartment, you rent it under the assumption that your landlord took care to remove any potential hazards in the unit. However, this is not always the case. If you are exposed to mold in your home and suffer physically as a result, you have the right to seek compensation from your landlord through a premises liability claim.
When you rent a home, you rent it with the expectation that you are renting a safe, clean place to live. By law, your landlord is required to remove any safety hazards that arise on his or her property. If he or she fails to remove a hazard, he or she may be liable for any damages that victims suffer in accidents related to that hazard. This principle is known as premises liability.
The landlord tenant relationship is covered by state law, and issues ranging from rent payments to repairs are often addressed by local statutes. Landlord tenant law covers the rental of both residential and commercial property. Residential property is property where someone lives and makes his or her home; a commercial property is used for business purposes. Generally for residential properties, a landlord is responsible for providing a habitable living unit for a tenant.
If you or someone you know is renting or leasing a property and has questions about a landlord’s responsibilities, contact a skilled Brooklyn premises liability lawyer to learn about your options under the law.
If you own a home and a contractor who is performing work on the property is injured while on the job, you may be sued for those injuries and possibly held liable for damages. While more often than not a property owner will be found responsible, there are a few steps that can be taken to help reduce the risk of liability for construction worker injuries.
If you or someone you know is a property owner in New York and is considering any type of construction on the property, contact a knowledgeable Brooklyn construction accident attorney right away to learn about your rights and obligations under the law.
A blast occurred several weeks ago at a building in the East Village on 121 Second Avenue, near East Seventh Street. The blast killed two men and destroyed three nearby buildings. Following the explosion, law enforcement officials have been investigating to determine whether the explosion occurred as a result of an attempt to hide unauthorized siphoning of gas for tenants in one of the buildings. Continue reading
Last year, the landlord of a Brooklyn building pleaded guilty to negligent homicide in connection with a fire. The 2010 fire occurred at an apartment building on 86th Street in Bensonhurst, Brooklyn. Someone apparently doused a roll of toilet paper in paint thinner and lit the roll. Five immigrants from Guatemala tragically died in the building fire and 16 other individuals suffered injuries.
The severity of the building fire was compounded by the fact that several of the victims in the building were trapped in illegally divided apartments. After the fire subsided, inspectors learned that unauthorized partitions and locked doors had been used to create six separate apartments. These illegal apartments held 9 tenants on the second floor and 10 on the third floor. Fire officials reported that if the building had been up to code then they would have been able to put out the fire in less than an hour. Instead, it took firefighters about three hours to put out the fire and break down illegal partitions.
A woman has settled a $350,000 negligence case against her landlord after she slipped on a greasy spot in her apartment building and fell backwards down several stairs, suffering broken bones in the fall. The woman underwent surgery for the broken bone, and had to undergo several months of therapy to rehabilitate her injuries, which were too severe to allow her to return to her job. The landlord agreed to pay the large settlement (thereby implicitly acknowledging its negligence) because evidence showed that a large amount of debris was left in the hallway where the woman fell. This debris was a significant contributing factor in the fall, and led the landlord to agree to the large settlement rather than face an even larger jury verdict.
Landlord negligence is serious misconduct. If you or someone you love has been injured on the property of another, do not hesitate to contact a New York landlord negligence attorney at The Law Office of Jeffrey K. Kestenbaum. During a free consultation we will help you evaluate the facts and circumstances of your case and determine the proper course of action to help you recover for your injuries.
A 72-year-old woman is suing her West Side landlord for emotional and physical damages after she found a rodent crawling on her chest. The woman awoke suddenly when she felt and saw the rat, and she jumped off her bed in fear and fell. The fall caused the woman to seriously injure her knee, resulting in a ligament tear that required surgery. According to the lawsuit, the building the woman lives in is severely infested with rats, and management has ignored the problem for far too long. The woman’s lawsuit also claims that rats are constantly seen “scurrying about” and her stove was rendered useless due to rat droppings clogging the lines. Finally, the court papers state that the landlord was negligent because the apartment building was beset “with rodent infestation and openings/holes in the ceiling(s), wall(s) and floor(s).” Unfortunately, landlord negligence plagues far too many New York City dwellings. If you have been Injured by an incident of landlord negligence, you should immediately consult the experienced personal injury attorneys in Brooklyn or the Bronx for a free consultation to evaluate your case.
New Yorkers are required to frequent the property of others on a daily basis. The population density of the United States’ largest city makes it inevitable. We like to think that the owners of property where we live, work, shop, and seek entertainment are safe and free of avoidable hazards. The unfortunate reality however, is that dangers lurk around (literally) every corner and down every hallway. If you or someone you love has been harmed or injured on someone’s property, and believe the owner is in some way responsible, the first step you should take is contacting a Brooklyn Premise Liability Lawyer for a free consultation to help you evaluate your case.