A slip and fall accident can be devastating. In most cases, your ego may be bruised a bit more than anything else. However, some instances can lead to significant injury. When a slip and fall case occurs, it is always a good idea to discuss your unique situation with an attorney to determine if you are owed financial compensation for these losses. However, you may be unsure who is to blame when this type of accident occurs in a condo development. Who is to blame? Who should be held accountable? Your attorney can help you with this, but there is some information you should know.
Condominium Negligence Is Hard to Pinpoint
Apartments and condos in New York make up some of the most common types of ownership. However, there are various types of ownership present here. If you own real estate in any portion of New York, you could be held liable if you have a dangerous condition present on your property and know about it and do nothing to prevent the injury from occurring or do not take the proper methods to fix it. If someone gets hurt, you could be held responsible depending on the circumstances of the situation. Here are some important facts for you to keep in mind.
- If the accident or injury occurred within the individual’s condo over which the individual owner has complete control, the liability generally falls on the condo owner.
- If the accident or injury occurred on a portion of the condo premises that is jointly owned by individual unit owners, then the liability could be on each unit owner and, in some cases, the condo association.
In short, in multi-unit dwellings in New York, liability is based on who owns what. On properties owned by an individual, such as the actual condo you live in or the apartment you own, then you are responsible for caring for and maintaining that property. Should something happen within it, you, the owner of that unit is responsible. However, other portions of the complex, such as the hallways, elevators, common areas shared by all tenants, and other components of the property are owned by the condo association or the group of tenant owners. In this situation, the association or group is responsible for maintaining the property. This is complex especially since many of the condo and apartment complexes in New York have specific liability requirements in place.
What Should You Do If You Are Hurt?
In situations where you are hurt in an apartment complex in which the tenants own their property or in a condo complex, the first step you should take is to get medical help. The second step is to work with a personal injury attorney who has ample experience in this area of the law. It’s essential to determine:
- What happened in your unique situation?
- Who owns the area and, therefore, is required to properly maintain it?
- How will a lawsuit for the condo association occur, if possible?
Liability is not always clear from a first glance. However, when you work closely with an experienced team of attorneys who understand condo association rules, maintenance and liability requirements, as well as New York law, you can rest assured you’ll get the information and compensation owed to you if any. Most importantly, take action to find out who is responsible.