Mar 24, 2020
Your home should be one of the places where a person feels the safest. However, this expectation can be undermined if a negligent landlord fails to maintain their property. Fortunately, you may be able to recover compensation if you were injured due to the negligence of your landlord. If you or a family member was injured in your apartment in Brooklyn, consult with an experienced Brooklyn personal injury lawyer today. At Sullivan & Galleshaw, LLP, we understand how a severe injury can negatively impact a person’s life, and we are here to help you fight for the compensation that you deserve. Our premises liability lawyers possess decades of combined legal experience, and we are ready to represent you. Sullivan & Galleshaw, LLP is here to explain whether you can sue after being injured at an apartment complex in Brooklyn.
Who is Liable for an Apartment Complex Accident in Brooklyn, NY?
If you are a tenant at an apartment complex and you were injured due to a landlord’s negligence, you can sue a rental apartment landlord for injuries in Brooklyn. Unless the lease agreement states otherwise, the landlord of an apartment complex has the duty to maintain the property. This not only includes common areas of the complex but also any repairs that a tenant may need at their apartment.
The landlord’s duty to maintain the property applies to property defects and other hazardous conditions that could lead to a severe accident. For example, if a landlord fails to replace light bulbs in a stairwell, they could be held responsible if a tenant suffers a stairwell injury due to poor lighting.
It is important to note that liability for an apartment complex accident is not just limited to the tenants that occupy the property. Visitors to the property could also hold the landlord liable for a failure to maintain the property. For example, if a tenant invited a family member to visit them and the family member suffered a slip and fall due to unplowed snow on the property, the visitor could have a legal claim against the landlord.
As mentioned, it is important to check your lease agreement to determine when a landlord can be held liable for an accident. However, landlords are generally responsible for maintaining common areas of a property and specific issues faced by tenants.
If you wish to learn more about filing a lawsuit against a landlord after an accident at an apartment complex, you should continue reading and speak with an experienced Brooklyn personal injury lawyer today.
Statute of Limitations for a Personal Injury Lawsuit in Brooklyn, NY
If you were injured at an apartment complex in Brooklyn due to the property manager’s negligence, you should consider filing a personal injury lawsuit. Note, however, that personal injury lawsuits are subject to the statute of limitations. The statute of limitations dictates the amount of time that a plaintiff has to file a particular type of lawsuit. However, you should be aware that the statute of limitations can vary depending on the kind of suit you need to file. For example, a personal injury lawsuit could have a different filing deadline than a wrongful death lawsuit.
In New York, the statute of limitations for a personal injury lawsuit is three years from the date of the injury. If a plaintiff does not file their case within three years, the defendant can move to dismiss the case. If the motion is successful, the victim will be unable to pursue compensation for their injuries.
You should not waste time in speaking with an experienced lawyer about your case. While you have three years to file your lawsuit, it may become more difficult to prove your case after a long period of time. For example, if you needed surveillance footage that showed the accident, it could be misplaced. Additionally, if you were severely injured, the possible compensation from the case could help you manage medical bills and other expenses.
Proving Negligence in a Brooklyn Apartment Premises Liability Lawsuit
Personal injury lawsuits are often based on a plaintiff, proving that a defendant acted negligently. To prove that a defendant acted negligently, the plaintiff must prove the following four elements:
- The defendant owed the plaintiff a duty of care (e.g., maintain the property)
- The defendant breached the duty of care
- The plaintiff was injured as a result of the defendant’s breach
- The plaintiff suffered an injury that can be compensated by the court
If a plaintiff has prevailed in their lawsuit, they can be awarded damages. Compensatory damages are divided into two categories: economic and noneconomic losses. The following is a list of economic and noneconomic damages that can be awarded to a plaintiff:
- Loss of wages or loss of future wages
- Medical bills
- Costs of medication, rehabilitation, and similar expenses
- Emotional distress
- Pain and suffering
- Loss of consortium
Our firm can help you get started on your lawsuit to pursue the damages you deserve for your case.
Contact Our Experienced Brooklyn Premises Liability Attorneys to Discuss Your Apartment Accident Claim
If you or a family member was injured due to the negligence of a landlord, contact an experienced Brooklyn personal injury lawyer today. The legal team at Sullivan & Galleshaw, LLP, has worked with residents of Brooklyn for decades, and we can help you stand against the negligence of your landlord. To schedule a free legal consultation to discuss your injuries, contact Sullivan & Galleshaw, LLP at (718) 843-0300. You may also contact the firm online.