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Can a landlord be held liable for a tenant’s injuries?

On Behalf of | Aug 22, 2023 | Personal injury

New York landlords are legally obligated to ensure the safety and habitability of their properties. Therefore, if you sustain injuries as a tenant while living in a rented or leased property, the landlord can potentially be held liable.

This duty of care extends to maintaining the premises reasonably and promptly addressing potential hazards to prevent harm to tenants. When a landlord fails to fulfill these obligations, resulting in an injury to a tenant, legal action may be pursued to seek compensation for medical expenses, pain and suffering and other damages incurred.

Below are some scenarios when a landlord can be liable for a tenant’s injuries.

Negligence in property maintenance

A landlord can be legally liable if they fail to maintain the property in a reasonably safe condition, leading to avoidable hazards that cause injuries to tenants. These include broken stairs, faulty wiring or slippery surfaces.

Similarly, the landlord might be held responsible if they are aware of a dangerous condition on the property but do not take appropriate action to fix it or warn tenants, and a tenant is injured as a result,

Failure to provide adequate security

The law requires landlords to take precautions to protect tenants against foreseeable harm from criminal activities. You may have a case against your landlord if you are a victim of a crime and can demonstrate that the intruder capitalized on negligent security measures at your property.

Violations of building codes

A landlord could be legally liable for a tenant’s injuries caused by violations of local building codes, health regulations or safety standards. Such requirements include installing smoke and carbon monoxide detectors within the premises.

Factors such as the landlord’s awareness of the hazard, their response time to address it and the tenant’s actions all play a role in determining liability. This is where legal guidance becomes invaluable – to help understand your legal rights and protect your interests.