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Premises Liability

The law in New York State requires that every owner of property, whether residential or commercial, must maintain their property in a reasonably safe condition. This includes not only the structure, but also security and living conditions. Whether you are a resident or tenant of the property or simply a visitor, the law protects you from unsafe conditions that are known by the owner and/or their property representative or hazardous conditions which were created or should have been discovered by the owner and remedied.

We have successfully represented people who were injured as a result of a myriad of property defects and lapses in security. Accidents which result in injuries, attacks and injuries from unknown assailants who entered the building through broken doors are all claims against property owners that may be compensable.

The law also protects you from hazards that are actually created by the owner or their representative. For instance, if the landlord undertakes to repair a leaking bathroom ceiling, then they must properly make the repair. Often, this is not the case. Landlords routinely seek to save money by using improperly trained workers for a particular job or using cheap or improper materials. As a result, the defective condition occurs again because of their faulty repair, design or installation.

Dangerous conditions include defects inside of the building such as chipped or worn steps, lack of handrails, poor or missing lighting, broken/missing locks, slippery conditions, leaking ceilings and elevators that misalign and create tripping hazards.
Defects outside of the property include cracks/chips/holes on stairs or sidewalks/driveways/paths/parking lots, improper or missing lighting, improper snow/ice removal or loose fixtures.

If you are a resident or tenant of a property, it is important to document all of your requests for repairs to the landlord or managing agent. A copy of a written complaint, work ticket or receipt is often critical evidence that proves you notified your landlord of super about a dangerous condition.

Photographs of the condition are also evidence. Take photos of all dangerous conditions and mark the date of the photo on the back of it along with the name of the person who took the picture. If an accident happens without any photos having been taken previously; then take photos of the condition after the accident.

Put Our Proven Attorneys On Your Side

We have successfully preserved vital evidence, obtained witness statements and gathered information through investigation when we are contacted and retained without delay. Gathering the evidence before the accident location is altered by repair or cleaning by the owner is absolutely critical. Contact us via mail or call us at 212-967-8202. We can help.