Property owners, developers and construction companies have a responsibility to ensure that buildings are structurally sound and safe for occupants and visitors. When construction defects are unaddressed, they can pose serious risks, leading to accidents and severe injuries.
Thankfully, in New York, individuals injured due to building defects may have the right to seek compensation for their harm.
Common hazardous building defects and liability for them
Building defects can occur at various stages of construction, from design flaws to substandard workmanship. Some of the most common defects that result in injuries include:
- Structural Failures: Poorly designed or constructed buildings can experience collapses, wall failures or ceiling cave-ins, putting occupants at risk.
- Faulty Staircases and Railings: Loose handrails, improperly built staircases and uneven steps increase the likelihood of falls.
- Electrical Hazards: Defective wiring, exposed electrical components, or overloaded circuits can lead to fires, electrocution or power failures.
- Water Leaks and Mold Growth: Poor plumbing, roof leaks or faulty drainage systems can cause hazardous mold exposure and slippery floors, leading to respiratory issues or falls.
- Unsafe Flooring or Walkways: Cracked sidewalks, uneven flooring and defective tiling create tripping hazards that can cause serious injuries.
When someone is injured due to a building defect, determining who is responsible isn’t always easy. After all, there are a lot of different parties involved in the construction, maintenance and management of a building. Liability may fall on one or more of the following parties:
- Property Owners and Landlords: If a property owner or landlord fails to maintain a building or repair known hazards, they may be held liable under premises liability laws.
- Developers and Construction Companies: If defects result from poor construction, substandard materials or violations of building codes, the construction company, general contractor or developer could be responsible.
- Architects and Engineers: Design flaws that lead to structural instability or unsafe conditions may result in liability for the professionals who designed the building.
- Manufacturers of Defective Materials: If a construction material, such as faulty wiring or defective flooring, contributes to an injury, the manufacturer may be held accountable under product liability laws.
If you or a loved one has been injured due to a defective building, know that you don’t have to manage this challenging situation alone. Seeking legal guidance and support can help you determine the best way forward.