While apartment living is common in an area like New York City, you may take for granted the safety of your dwelling, particularly from a ceiling collapse. Surprisingly, ceiling collapses occur more often than you may think, particularly in low-income housing. Regardless of where you live, you are afforded certain levels of safety. You should not need to worry if you will be injured if your ceiling caves in.

The majority of ceiling collapses are brought on by overflowing toilets or showers, as well as water coming in from leaky roofs. Water in ceilings can build up gradually due to slow leaks or quickly due to a burst pipe.  In either case, it puts those who are below the ceiling in jeopardy of being injured. In some cases, it may even be fatal.

Regretfully, landlords may also find it all too easy to ignore ceilings and the floors above them. A major problem for tenants in New York City is improper property maintenance. What are your rights if this happens? We will discuss this below.

The important step to take after an incident where you are injured after a ceiling collapse is to consult with an experienced NY personal injury attorney. Brandon J. Broderick, Attorney at Law has a team who are standing by to help you.

Insurance Coverage May Be Available in the Event of a Ceiling Collapse

Renters insurance is a requirement that many landlords will include in their leases, which would cover any property damage, such as your own furniture, personal items, etc., as well as a short-term residence.

However, if you are struck by debris from a ceiling collapse and injured, you may need to file a claim against the insurance of the landlord or sue them directly to recover losses from your injuries. If they were negligent in performing maintenance or ignoring obvious issues, such as a leaky roof, this can serve as evidence to support your case.

Who Is Liable in a Ceiling Collapse in NYC?

The building's owner, the management company, or the construction company could be held liable for a ceiling collapse. A ceiling collapse typically falls under premises liability, which is a type of personal injury case. You must have proof of negligence against the negligent party to ensure a premises liability claim is successful. For example, proving that the party responsible for building maintenance knew a ceiling needed repair, but chose not to take action.

Property owners and landlords are required to maintain safe conditions inside buildings, as well as ensure that the premises is code-compliant under Article 301 of the New York City Construction Codes (1). Under this article, the property management is responsible at all times for maintenance of the building. Not all landlords or property owners treat their tenants with reasonable care and neglect to perform maintenance, even when asked repeatedly.

In some cases, a contractor may also be held liable for a collapse if they built or repaired the ceiling with subpar workmanship or failed to adhere to building codes. Sometimes, a defective product utilized in the building process may be the cause of the collapse, which would shift liability to the product manufacturer. Ceiling joints, sheetrock, and even the drywall screws used to hang sheetrock are examples of products that may have been faulty.

To determine who the liable party or parties are, you should consult with a personal injury attorney who has experience with premises liability claims in NYC. 

Providing "Notice" May Be a Requirement Of Liability

Make sure you contact building management or your landlord if you observe any signs of issues with your ceiling that would make it unsafe in any way. Once notice is given, they must take prompt action, as they are liable for keeping your home safe.

In the event of a ceiling collapse in New York, "Notice" may be necessary to prove liability. Actual and constructive notice are the two categories of notice.

• Actual notice means that notice was given directly to a party notifying them of a case that may impact their interests. An example would be a tenant informing their landlord of a ceiling leak, but did not take action.
• Constructive notice is an admission that, even in the absence of specific notification, the property owner should have been aware of a situation. A flooded upstairs apartment was fixed, but nothing was done for the apartment below is an example of constructive notice.

Notify your property manager immediately if you have any cause to think that your ceiling might collapse. Keep a copy of the message you sent that notified the property manager or landlord. This will help you establish liability in your claim later.

Consult an NY Premises Liability Lawyer For a Ceiling Collapse Injury

The costs associated with your injuries and any losses may be very high if a ceiling collapsed in a New York apartment. Recovering compensation for your losses is very important. To assist you, speak to one of our NY premises liability lawyers about your case.

The lawyers at Brandon J. Broderick, Attorney at Law have successfully recovered millions of dollars for clients who were hurt as a result of property managers' negligence.

If you'd like to learn more about your legal options, call us today to schedule a free consultation.