This means that a number of hazards can be present in the premises and threaten the lives of the occupants, and it is the legal responsibility of a landlord to ensure that the premises is reasonably safe. In case they are unable to do this, the tenants or visitors who sustain injuries causing the accident also have the right to file a claim under the premises liability. Being informed of the procedure that is followed also goes a long way in determining the success of your case.

What Is a Premises Liability Claim?

A slip and fall claim come into existence when a person is injured by a condition that is present on the premises belonging to another individual. The law of New York demands that property owners including owners of the premises where people like tenants, visitors or guests have rights to be, should ensure that such places are safe to be in as much as is reasonably possible. Some of the ways that may result in a premise liability claim includes the following;

Examples of physical hazards include:

1. Defects in doors, gates and gates- Stairs and handrails which are either broken or not well maintained Some of them include: Slippery or wet floors without warning signs.

• Something such as in lighting in part of the building like the hallways or the parking lots
• Ceiling collapses

2. Some of the specific conditions included:

• Sidewalks, driveways and parking lots having joints and cracks that are defective along the abutting properties.

In order to make a claim, one has to demonstrate that the landlord knew of the existence of the hazardous condition, or could have known about such a condition, yet failed to remedy the same in a timely manner in as much as the claimant was subsequently injured.

Steps for Filing a Premises Liability Claim Against a Landlord

Availing premises liability claim requires doing the following six things:

     1) Seek Immediate Medical Attention

Closely related to the above point is that your health comes first. This is the case even if you believe your injuries may not be severe; seek immediate medical attention from a doctor or the nearest hospital. Cuts, bruises or internal injuries such as concussion may not show themselves at first but get worse and require medical attention. Another is the medical records which act as supporting evidence in proving the relation between your injuries and the dangerous condition of the premise.

     2) Report the Incident

If the dispute is with the landlord or a member of his management, then formally report the incident to the landlord. It is advisable to inform the landlord of the existence of the dangerous condition and your injury as soon as possible. In addition to oral communication, it is important to provide a written notice so that there is documented record of a report being made.

When putting down the details of the incident, it is advisable to put down the date, time and the place of the incident as well as the hazardous condition which led to the injury.

     3) Document the Hazardous Condition

Preserving evidence is crucial. In case of an accident, strive to take pictures or record videos of cases of the incident and construction such as stairwells, poor lighting, lintel, it is advantageous to evidence the hazard before the process of repair or alteration is done as it supports your prayer.

Other evidence to collect includes:                    

• Witness statements or contact information
• Surveillance footage, if available
• A record of other complaints made to the landlord in the past

     4) Consult A Premises Liability Attorney

A New York slip and fall lawyer with some years of practice will be in a position to review your case and advise whether your landlord was negligent or not. Through them, you can be assisted in the legal matters, the communication with the landlord or their insurance and assisting in making a well substantiated claim.

     5) Litigate Or File a Legal Claim Against the Owner of The Premise That Caused the Attack

Once you accumulate enough evidence, your attorney will assist you to file a premises liability claim with the landlord’s insurance firm. You may have to sue for a claim if negotiation does not produce a reasonable compensation. To establish a case in the premises liability you have to demonstrate that:

1. Namely, the landlord had a responsibility for maintaining a safe residential premise.
2. The landlord should have been aware of the danger at the time or constructive knowledge may be attributed to the landlord because he was aware of the situation at the time.
3. The dangerous situation that contributed to your injuries is clearly stated by the word ‘hazardous’ used by the authors.

The possible of damages in premises liability cases are as follows:

• Medical expenses
• Lost wages
• Pain and suffering
• Emotional distress

     6) Be Aware of Deadlines

It is also important for any individual to know that there are specific periods of time, or statutes of limitations in New York in which a person can sue for premises liability. In most cases, you have to bring your complaint within three years after the injury has occurred. Paying attention to the legal death timelines makes a person save their legal right and seek compensation as early as possible.