The New York City Housing Authority (NYCHA) is responsible for providing safe and sanitary housing to its residents. As a result, they are also liable for injuries that occur on the property. For example, if someone trips over an uneven sidewalk or falls down a staircase because it was poorly maintained, the Housing Authority may be held financially accountable for any damages caused by their negligence.
The NYCHA is not liable for injury caused by a third party or any other factors outside the scope of the lease agreement. The tenant must file a claim against the person who injured them and show how it relates to negligence, carelessness, recklessness, or intentional tortious acts committed within the bounds of NYCHA property. If you were injured and believe that it’s related to something inside your apartment or building please contact your landlord immediately. This article will outline what you should do next if this happens to you.
How to Determine a Slip and Fall Case
To prove that your landlord was negligent, they must have or should have been aware of the dangerous area where you slipped and they should have taken care of it beforehand, which a reasonable person would have done. This may not be the case for others as what is hazardous for some may be safe for others and what is reasonable for some may not be the standard of court. So to help you and the court determine whether the NYCHA could be liable for the accident, here are the following questions you should answer.
Did Your Actions Contribute to Your Accident
The biggest problem in a slip and fall case is whether the defendant and the insurance companies are likely to say that it was your fault that you had an accident in the first place. You are responsible for your own safety by watching where you are going and where you shouldn’t.
Although you have the responsibility of looking after yourself, even for obvious hazards, there shouldn’t be a significant threat in and around your apartment in the first place. Even if you were careless during the accident, you could be eligible for compensation, but it is harder to prove for any landlord and NYCHA was to blame for the accident.
Did a Building Code Violation Cause Your Accident
Another way you may be able to show negligence is through building code violations. Rental properties such as your apartment are held to strict standards in New York City, so building code violations can help your case. These violations should be related to slip and fall accidents including uneven or broken flooring, crumbling steps or even unmarked construction areas.
Were the Actions of the NYCHA Responsible?
Landlords are responsible for the safety of their tenants and their visitors within their property, making sure that the area is free from unnecessary slip hazards. They should ensure that they make reasonable, timely and correct actions to make sure that the property is safe for everyone. This requires them to address any unsafe areas that they should know or must know about if they took reasonable actions.
How to Prove Responsibility After a Slip and Fall Accident
Here are the things you need to consider when proving liability to a slip and fall accident:
- Medical bills – When you had a slip and fall accident, naturally you needed medical assistance. So you need to have medical bills, insurance payments, pictures of your injury and other useful information (i.e. financial statements) to determine the amount of money you deserve for what happened.
- Photos and Videos – You need to have records of videos and photos of the visible hazard in and outside your apartment. If possible, you should take a photo of the slippery surface or dangerous area during your accident. Also, if you contacted NYCHA, you should also take a photo of your claim to serve as evidence if ever you will testify to court or jury.
- Correspondence of your landlord – Now, if you have proof or evidence that your landlord knew about the hazard which caused you the slip and fall accident, then that would be beneficial for you to prove liability. If they do not know or reasonably should have known about the problem, then it will be difficult for you to prove liability.
How Much Money Is Your Claim Worth
Depending on the extent of your injuries and the financial losses, the amount of the personal injury claim varies from person to person. Without knowing the factors mentioned above, it will be impossible to predict how much money they owe you from the slip and fall accident.
Conclusion
A simple slip can cause a serious brain injury. In order to provide a safe home for its residents, the New York City Housing Authority is liable for any injuries that occur on its property. If someone trips over an uneven sidewalk or falls down a staircase because it was poorly maintained, NYCHA may be held financially accountable for damages caused by negligence. However, NYCHA is not liable for any injuries unless they can prove negligence on behalf of management staff.
Ronemus & Vilensky can help you determine if you should file a lawsuit against your landlord and NYCHA for any injuries sustained from a slip and fall accident while living there. Contact our New York City brain injury attorneys today to schedule your free consultation!