Can I Sue my Landlord for Negligence?

If you or a loved one have been injured due to a landlord’s failure to keep the tenant safe, you might be able to sue them for negligence. At Tannenbaum, Bellantone, & Silver, P.C., our Great Neck personal injury lawyer is up to handle your case and ensure that you are properly compensated for your injuries. You will see what it takes to have a successful case as you read.

What Counts as Negligence?

Negligence is when an individual fails to take proper care or fails to prevent the safety of an individual, and as a result of that failure, the individual is injured. Regarding landlord negligence, there are several factors our Great Neck personal injury lawyer will evaluate and, if applicable, use in your case. The following factors and more can be found in this article are what landlords can be held accountable for:

Control Over a Dangerous Situation:

When a landlord fails to properly repair the cause of the injury, they are legally obliged to fix it. An example of this would be an area where the landlord is responsible for fixing damages such as the stairs or in a common hallway but fails to properly maintain it.

Hidden Dangers:

When the landlord fails to inform the tenant of any hidden dangers, and as a result, the tenant is injured.

Foreseeability of an Accident:

When damage and its risk factor are foreseeable by any reasonable person, the landlord still fails to properly maintain the property. This argument only works with foreseeable accidents. If the accident is considered a “freak accident,” then the landlord is not held responsible.

Cause of Injury:

During a case, the tenant will have to prove that their injury directly resulted from a landlord’s negligence and was not caused by any other factor. Sometimes this can be very clear; it’s more difficult to prove. If a healthy individual falls down the stairs due to a broken step and is injured, the tenant will likely be held responsible. However, if the tenant has an underlying leg condition, then the landlord will attempt to use that condition in their case against the tenant.

Determining Fault:

Even if the landlord is considered negligent by the court, the court has two different methods of determining fault. The first method is the comparative fault which places percentages on who was more to blame for the injury. The other method is the contributory fault, and it is used infrequently. 

Still, states that should the tenant be even slightly responsible for the injury, the landlord can not be held accountable. Our Great Neck personal injury lawyer’s job is to avoid this outcome as we will fight to ensure you get the compensation you deserve.

Schedule Your Consultation With Our Great Neck Personal Injury Lawyer

If the direct result of landlord negligence has injured you or a loved one, then schedule a free consultation with our Great Neck personal injury lawyer online or by calling 516-354-0200