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Premises Liability Accidents in Condos and Highrise’s

July 19, 2021
Premises Liability Accidents in Condos and Highrise’s

If you get hurt on a property because of the negligence of the property owner, manager, and other potentially liable parties, you may recover compensation through a premises liability claim. An inadequately lit parking lot, a poorly designed or maintained floor, or really any facility that’s not maintained properly is the manager or owner’s responsibility. The term premises could include various places, such as houses, apartment buildings, office buildings, schools, and hospitals, among others.

Improper Maintenance of Properties and Buildings

Improper maintenance of properties and buildings in NYC are subject to laws under the premises liability theory, which govern how owners and/or managers should maintain their premises to help ensure the safety of residents, guests, and employees. Maintenance responsibilities must include all property areas, including lobbies, stairways, offices or apartments inside the property, elevators, escalators, sidewalks, parking garages, driveways, courtyards, and exterior walkways.

If the owner or occupier of the property fails to maintain these areas and a person gets injured, the injured victim is owed financial compensation for their medical expenses, missed time away from work, pain and suffering, as well as other accident-connected damages.

The Case of The Surfside Building Collapse in Miami

On June 24, 2021, the Champlain Towers Condominium in Surfside, a town on Miami Beach, Florida, suddenly collapsed. By July 22, 98 people have been identified and confirmed dead. 11 people were also seriously injured, and a lot of people lost their homes and belongings.

Based on recent reports, approximately three years before the condo’s devastating collapse, a consultant discovered proof in October 2018 that the building has major structural damage to the concrete slabs underneath the pool deck as well as the parking garage’s walls and beams. Although the exact cause of the tragic collapse is still unknown, the consultant’s findings in 2018 suggest that the building’s owner and management were aware of the potentially dangerous situation but perhaps failed to address it. Investigations are still ongoing.

Likewise, the survivors who lost their homes to the accident are struggling to obtain insurance payouts to cover what they lost in the disaster. Some insurance providers have routed payments to third parties or delayed them. Also, at least one of the insurers, State Farm, specifically, has yet to determine if it will pay its policyholders. State Farms also stated that it might not give payouts until the exact cause of the building collapse has been identified. Unfortunately, this could take several months, if not several years.

Deteriorated or deteriorating building conditions is an immensely critical issue that property owners and managers should prioritize. Oftentimes, the consequences of not following proper maintenance policies can lead to more costly repairs. But as the Surfside building collapse has demonstrated, deteriorated building conditions could result not only in financial consequences but serious injuries, financial burdens on victims, and death.

Talk to Our New York City Premises Liability Attorneys

Getting hurt in an accident due to the property owner’s (or other liable parties’) negligence may entitle you to financial compensation to cover your losses. Reach out to Lipsig, Shapey, Manus & Moverman to discuss your case with our NYC premises liability lawyer. You can call us at 212-285-3300 or contact us online to schedule your free case review.