I slipped and fell in my apartment kitchen. There is a leaky pipe under my sink. I had complained to my landlord multiple times to fix it. I slipped and fell on water I did not see during the night. My lease also has a paragraph that says I cannot sue my landlord for failure to make repairs in the apartment. Is my landlord liable?
There was a similar question in an earlier post which addressed some of the issues you raised. But your post raises additional questions. The answer is yes, your landlord is liable for your damages.
The easiest issue is the clause you mentioned in your lease. The paragraph preventing you from suing your landlord is not enforceable. A landlord cannot include a clause in the lease which prohibits a tenant from suing for negligent maintenance or repairs. General Obligations Law § 5–321. Thus, no matter what the lease says, you can bring an action against your landlord.
Outside of the lease, your landlord has an obligation to keep your apartment in good repair under the multiple dwelling law. Multiple Dwelling § 78. I am assuming that your apartment is in a building which has three or more units. The multiple dwelling law that I cited is applicable to buildings which have three or more units. Multiple Dwelling § 4.
You indicated in your question that you complained to the landlord on multiple occasions to make repairs. The multiple complaints demonstrates that the landlord had notice of the leaky pipes. Since the landlord had the obligation to make repairs in your apartment and had notice of the condition, the landlord will be liable for your damages.
In your particular case, the landlord will argue that you also had notice of the leaky pipe. Thus, the landlord can claim that you should have been more careful walking in your kitchen. There is a possibility that a jury could find you partially responsible for the accident. However, your landlord will be liable to pay you damages for your personal injuries.
By James Santner, Esq.
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