In New York, homeowners, business owners, and other property owners don’t automatically become responsible for the injuries and accidents that may occur on their properties. As an injured victim, you will need to prove the owner’s negligence that led to an unsafe condition resulting in your injuries. This legal condition can be easily fulfilled by demonstrating that the property owner violated local or state building codes.
It takes an accomplished premises liability attorney in New York, someone who has been around the legal corners before, to gather compelling evidence that proves owner’s negligence.
Code Violations Support Injury Claims in New York
Building code violations may be brought to the attention of code inspectors by tenant or visitor complaints. But in many cases, the injured victims may be unaware of these violations and may blame themselves for their accident and injury. For this reason, it’s vital to have a premises liability lawyer on your side that is fully aware of the local building laws and codes.
These codes exist in New York and across the country for safeguarding the public. Builders are required to follow municipal and local building codes. In New York, the International Building Code (IBC) standard is followed for preserving public health and safety that also includes:
- International Plumbing Code
- International Mechanical Code
- National Electric Code
- National Fire Protection Association
The burden of proof lies on the plaintiff in premises liability claims. The existence of a building code violation publicly highlights a hazardous condition and can act as solid proof of negligence. Issuance of a citation all but cements the liability of a property owner. These are the legal nuances that a skilled NYC premises liability attorney will focus on to help you establish a strong claim for damages against the liable parties.
Common Code Violations in New York Businesses
Businesses owners have a strong obligation to ensure their establishment meets with all relevant building codes. This applies to grocery stores, shopping centers, shops, hotels, restaurants, and hospitals among other public businesses. Examples of building code violations include:
- Staircases with missing or inadequate handrails
- Staircase with treads, which don’t conform to building code requirements. Staircases may rot, crumble, or cave in because of weather or damage creating a fall risk.
- Curbs lacking proper markings or uneven floors. Any drop or step down should be marked to avoid falls.
- Adequate lighting is necessary in dim areas and staircases for ensuring safety
- Absence of non-skid and slip-proof surfaces. Non-slip surfaces should be used for reducing the risk of fall near building entrances tracking water and snow.
- Improperly designed downspouts and drainage systems can create ice patches on parking lot surfaces and sidewalks where water pools
- Untreated ice and snow
- Inadequate escalator and elevator maintenance
If you get injured as a result of the building owner’s failure to follow code, it may be easier for you to recover compensation. A seasoned premises liability attorney can help you prove that a business is in direct violation of building codes.
Code Violations in New York Rental Properties
The landlord or property management company is required to ensure that the rented apartment, single-family home, or commercial space is reasonably safe and without any code violations. Property managers and owners often fall short.
These are a few typical building code violations in rental properties that can result in injuries:
- Lead paint and asbestos that are not properly mitigated
- Steps in disrepair or crumbling steps
- Dangerous or unsafe electrical wiring
- Growth of toxic mold, including red or black mold
- Inadequate lighting
- Unmarked construction areas
- Slippery surfaces missing anti-skid material or adequate warning signs
- Slippery floors, uneven floor surfaces, broken flooring, or other hazardous floor conditions
- Drainage problems, which cause ice to form
You should consult with a competent premises liability attorney if negligence on part of your landlord caused injury to you, your family, or business.
Our Trusted Premises Liability Lawyers are Here to Give You the Best Legal Advice and Support. Call Now.
The experienced and winning attorneys at the Law Offices of Michael S. Lamonsoff can assist you in pursuing monetary compensation if a building code violation or any other form of negligence factored in your accident. Our legal team, led by attorney Lamonsoff “The Bull,” has helped injured victims and their families in New York win over half a billion dollars in cumulative settlements. Schedule your free case review with our lawyers today. Call us at 212-962-1020 or contact us online.
