Injured Because of Urine on a Staircase?

On February 20, 2023 by No Comments

Urine in the staircase, or hallway, of an apartment building is a common problem that can cause a slip and fall accident resulting in injuries.  There are several ways that urine can end up on the floor in apartment building stairwells and hallways.  Injuries that result for a slip and fall on urine are known as a premises liability case.   Some of the most common ways include:

1. Pet urine:  Pets, especially dogs, may accidentally urinate on the floor in common areas.  This can happen if a pet owner does not clean up after their pet or if the pet is not properly trained.
2. Incontinence:  Elderly or disabled residents who suffer from incontinence may accidentally urinate on the floor.  This can happen if the person is unable to reach the bathroom in time;
3. Improper disposal of waste:  Some residents may dispose of their wast improperly, such as by urinating in a stairwell or hallway instead of using a bathroom;
4. Clogged toilets:  Clogged toilets can cause sewage to overflow, leading to urine and other wast being deposited on the floor.
5. Poor maintenance:  Landlords may not properly maintain the building, which can result in leaks and spills that create a hazardous environment.

It’s important for landlords to be proactive in addressing the problem of urine on the floor in apartment buildings.  This may involve training pet owners, providing assistance to those with incontinence, increasing the frequency of building maintenance, and implementing proper wast disposal procedures.  By taking these steps, landlords can help reduce the risk of slip and fall accidents and ensure a safe and hygienic environment for all residents.

In New York State, property owners, including landlords, have a legal obligation to ensure the safety of those who enter the premises.  This is known as premises liability.  If a person slips and falls on a property due to urine on the floor, the property owner may be held liable for the injuries sustained in the accident.

How To Prove Liability in a Slip and Fall Accident in New York

To prove that a landlord is liable for a slip and fall accident caused by urine on the floor, the plaintiff must demonstrate that the landlord was aware of the condition or that the condition was a recurring one.  In other words, the plaintiff must show that the landlord knew or should have known about the presence of urine on the floor and failed to take appropriate action to remedy the situation.

In New York, there are two ways to prove that a landlord was aware of a dangerous condition:  actual notice and constructive notice.  Actual notice means that the landlord was directly informed about the presence of urine on the floor, either by a tenant or a visitor.  Constructive notice, on the other hand, means that the landlord should have known about the condition because it was a recurring one or because it was so obvious that a reasonable person who would have discovered it.

What Tenants Can Do To Help Prove Their Case

If you are a tenant who suffered a slip and fall accident due to urine on the floor, there are severals steps you can take to help strengthen your case:

1. Report the accident to the landlord immediately:  By reporting the accident to the landlord as soon as possible, you can establish that the landlord was aware of the condition.
2. Take photos of the scene:  Take photos of the urine on the floor, the area where you fell, and any other relevant details.  These photos can serve as evidence in your case;
3. Keep a record of any complaints:  If you have reported the presence of urine on the floor to the landlord before the accident occurred, make sure to keep a record on these complaints.  This will help establish that the condition was a recurring one and that the landlord should have known about it.
4. Seek medical attention:  If you have sustained injuries in the fall, seek medical attention immediately.  Keep a record of all medical expenses, including doctor visitis, medication and rehabilitation.

If you have any questions about a slip and fall accident on urine, please feel free to call our office.

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