If you’ve been hurt in your apartment building, you may be wondering whether your landlord can be held legally responsible. In New York, landlords have a legal duty to keep their properties safe for tenants and visitors. When they fail to do that and someone gets hurt, a personal injury claim may be possible. At Gash & Associates, P.C. in White Plains, we help tenants understand their rights and fight for compensation when a landlord’s negligence leads to injury.
When Landlords May Be Held Responsible
Landlords are not automatically responsible for every accident on their property. But if your injury happened because of a dangerous condition that the landlord knew about—or should have known about—and didn’t fix, they could be held liable. This includes hazards in common areas like stairwells, sidewalks, lobbies, and laundry rooms.
Common Causes of Tenant Injuries
Some of the most common conditions that lead to tenant injuries in New York apartment buildings include:
- Poor or broken lighting in hallways or stairwells
- Icy or unshoveled walkways and steps
- Loose, broken, or missing handrails
- Damaged floors, carpets, or uneven surfaces
- Faulty elevators or broken doorways
Even injuries inside your apartment might be the landlord’s responsibility if they failed to make necessary repairs after you notified them.
Landlord’s Duty of Care Under NY Law
Under New York premises liability law, landlords must maintain their properties in a reasonably safe condition. That means fixing hazards promptly and warning tenants about dangers that aren’t obvious. When a landlord ignores complaints, delays maintenance, or skips inspections, they may be breaching that duty of care.
How to Document Your Claim
If you were injured in your apartment complex, it’s important to gather evidence as soon as possible.
Take photos of the scene, especially the condition that caused your injury. If there were witnesses, get their names and contact information. Report the incident to the landlord or building manager in writing and keep a copy of that report. If you’ve made prior complaints about the issue, gather proof of those communications. These details can make or break your case.
Legal Process for Filing a Claim
Filing an apartment injury lawsuit in New York usually starts with a consultation with a premises liability lawyer. Your attorney will investigate, gather evidence, and attempt to negotiate a settlement. If that doesn’t happen, the case may move to court. In most cases, you have three years from the date of the injury to file a lawsuit—but don’t wait. The sooner you take action, the stronger your case will be.
FAQ
Can I sue my landlord if I was injured in my building?
Yes—if your injury was caused by a hazardous condition the landlord knew or should have known about and failed to correct.
What if the hazard had been reported but not fixed?
That strengthens your case. Prior complaints show the landlord was aware of the problem and didn’t take action.
How long do I have to file a claim in NY?
In most cases, you have three years from the date of the injury. Some cases involving government-owned buildings have shorter deadlines.
If you were hurt in your apartment complex, contact Gash & Associates, P.C. in White Plains at (914) 328-8800 to discuss your options.