Who’s Liable for Rental Property Accidents in New York?

Wherever you rent in New York, either in a home, condo, or apartment building, you have the right to live in a safe environment. Unfortunately, accidents in rental properties still happen, leading to injuries that change lives. 

If you’ve been injured in your apartment, your building’s hallway, on the stairs, or even while visiting a friend who rents their home, there are parties who can be held legally responsible. At Morelli Law Firm, we help tenants and visitors throughout New York pursue injury claims when unsafe conditions in a rental property lead to serious harm. Here’s what you need to know if you’ve been hurt in or around a rental property. 

What Types of Rental Property Accidents Lead to Lawsuits? 

Rental property accidents can happen in many ways and often involve preventable hazards. Some of the most common injury cases include: 

• Slip and falls in lobbies, stairwells, or hallways due to wet floors, broken tiles, poor lighting, or missing handrails 
• Trips and falls over torn carpeting, exposed wiring, or cluttered walkways 
• Ceiling collapses or falling objects caused by landlord neglect or poor maintenance 
• Burn injuries due to faulty wiring, space heater issues, or building code violations 
• Carbon monoxide poisoning or gas leaks from unmaintained heating systems 
• Elevator or escalator malfunctions 
• Broken locks or lack of security that contribute to assaults or break-ins 

These incidents are dangerous, and they may also be legally actionable if the landlord or another responsible party failed to uphold their obligations. 

Who Can Be Held Liable for Injuries in a Rental Property? 

In New York, property owners and landlords have a legal duty to keep rental units and common areas safe for tenants, their guests, and others lawfully on the premises. When they fail to do so and someone gets hurt, the landlord, or another party, can be held liable for negligence. To hold someone liable, you must generally show that they knew or should have known about a hazardous condition and failed to take reasonable steps to fix it or warn you. 

Parties who may be held responsible include: 

• Landlords or property owners for failing to maintain safe conditions, fix known hazards, or comply with building codes. 
• Property management companies, if they were contracted to maintain the premises and failed to address safety issues. 
• Maintenance or repair contractors if their work created a dangerous condition or they failed to perform necessary repairs properly. 
• Tenants, in certain cases, especially if their personal negligence caused the accident (e.g., leaving tripping hazards in a hallway they control). 

What Is Your Responsibility as a Renter? 

As a tenant, you’re responsible for keeping your individual rental unit in reasonably safe condition and reporting hazardous conditions to your landlord. If you fail to report a dangerous condition, whether it’s a leaking ceiling, broken step, or anything else, the landlord could argue they didn’t have proper notice and therefore weren’t obligated to fix it in time. Landlords need to keep their premises in good working order, but you, as a renter, also have the obligation to report damages, non-working items, etc. 

Additionally, if your own negligence causes someone else to get injured in your rental (for example, you leave objects all over your stairs, and a guest falls), you could be held liable in a premises liability claim. 

However, you’re not responsible for maintaining common areas like hallways, building entrances, laundry rooms, staircases, or elevators. Those remain under the landlord or building management’s control, and they can be held accountable if you’re injured in those areas due to negligence. 

What if You’re Visiting Someone Who Lives in a Rental Property? 

If you’re injured while visiting someone else’s rental property, you may still be able to bring a premises liability claim against the building owner or manager. The same rules apply for those who do not rent the space and are only visiting; you must prove that the landlord or another responsible party knew or should have known about the dangerous condition and failed to address it in a timely manner. 

How Do You Prove Liability in a Rental Property Accident? 

To succeed in a personal injury claim after being injured in a rental property, you must establish negligence, which involves proving that a duty of care existed (the landlord or other party had a responsibility to keep the area safe). You must also prove that the duty was breached. Specifically, you must show they failed to fix or warn about a hazardous condition. That unsafe condition must also be the direct cause of your injury. 

Evidence you can bring in these types of personal injury lawsuits includes: 

• Incident reports or building maintenance logs 
• Photographs or video footage of the hazard 
• Medical records and documentation of your injuries 
• Witness statements from neighbors, visitors, or staff 
• Previous complaints or violations reported to housing authorities 

What Compensation Can You Recover? 

If you’ve been injured due to a landlord’s or property owner’s negligence, you may be entitled to compensation for: 

• Medical expenses (past and future) 
• Lost wages and loss of earning capacity 
• Pain and suffering 
• Disability or disfigurement 
• Emotional distress 
• Out-of-pocket costs related to your injury (e.g., transportation, home care) 
• Punitive damages (in rare cases involving extreme recklessness) 

Each case is different, and compensation depends on the severity of your injuries, the level of negligence involved, and your long-term prognosis. 

Injured in a Rental Property? Morelli Law Firm Can Help. 

Landlords and property owners have a legal duty to maintain safe rental properties for both tenants and guests. When they fail in that duty, and someone gets hurt, they can (and should) be held accountable. 

At Morelli Law Firm, we’ve helped clients across New York secure compensation after being injured in unsafe buildings, poorly maintained apartments, and dangerous common areas. We understand New York housing laws, insurance defense tactics, and how to build strong cases that get results. Contact us today for a free case evaluation.