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New York Ceiling Collapse Injury Lawyer Explains this Premises Liability Lawsuit

New York Ceiling Collapse Injury Lawyer Explains this Premises Liability Lawsuit

ceiling collapse law firm nyc

Almost every adult who has ever lived in an apartment complex can readily share a few horror stories with you about trying to get a landlord to timely fix a damaged ceiling, a broken water pipe or a faulty air conditioner explains a New York ceiling collapse injury lawyer. In some cases, property owners (or their managers) are so eager to save money on repairs that they’ll even threaten tenants with higher rents or eviction if they keep asking to have major repairs completed.

These problems have become so common that it’s now easy to find shocking New York slumlord and landlord neglect articles online. One recent story was entitled, “Infamous Brooklyn Slumlords Finally Arrestedwhile another one involved a poor Queens woman who actually captured the collapse of her apartment ceiling on video.

“Construction Eviction” Lawsuits Can Be Filed When Timely Repairs Aren’t Made

What some landlords fail to remember is that when they keep refusing to make necessary repairs for lengthy time periods, tenants can sue them for “constructive eviction.” This type of lawsuit alleges that the failure to make timely repairs is now forcing the tenants out of their home, against their will, since their own assigned premises are no longer habitable.

New York Building Owners Owe a Personal Duty of Care to Tenants and Others

In the state of New York, building owners owe a personal duty of care regarding the safety of their buildings to their tenants — and all others who visit their property. Under some circumstances, a managing agent may also owe this duty to tenants.

This latter type of duty can develop (1) when the managing agent has so fully taken over the building owner’s responsibilities that the agent has a legal duty to fully make all required repairs for the owner; (2) the manager made promises that the tenants have relied upon to their detriment, or (3) the manager set certain forces in motion that directly caused the dangerous condition.

Courts can also find a breach of duty of care when a landlord was provided full notice of a dangerous condition –and then failed to remedy the situation in a timely manner. To fully protect their rights, tenants should keep detailed records of every repair request they’ve made – and when later damages occurred.

Tenants Need to Carefully Document the Damages They’ve Suffered

Date-stamped photos of conditions that have been ignored by a landlord can often help win or lose a tenant’s case. Likewise, a trip to the emergency room after part or all of a ceiling has collapsed can also prove critical. Always ask for a copy of every repair request you make to your landlord – especially in regards to dangerous conditions like broken stairway handrails, partially collapsed ceilings – or mold forming on walls or the ceiling.

Timely Legal Help Can Prove Critical to Your Case

If you’ve suffered serious injuries due to your landlord failing to respond to a report about an impending ceiling collapse – or other types of structural damage, be sure to immediately contact your New York premises liability attorney so we can help you determine if a lawsuit needs to be filed. You may need our help obtaining funds to cover all of your related medical bills, loss of earnings, pain and suffering, and other expenses.