Legal Question in Personal Injury in New York

Who is responsible

I rent a home where I built a wood deck off the second floor with the owners knowledge. No permit, inspection, or C.O. was obtained from the owner. If someone should fall and get hurt who is responsible? Me for building it or the Landlord for not obtaining the necessary paperwork for approval?


Asked on 10/31/05, 8:48 am

4 Answers from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Who is responsible

It depends on how the question arises, and who is asking.

You could both be liable to someone injured

as a result of a defect in the deck etc, but if the landlord had notice you were building the deck, he should have gotten the appropriate permits.

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Answered on 11/01/05, 12:06 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Who is responsible

You are liable for negligently creating the danger and the landlord is negligent for not fixing the danger once he learned of it.

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Answered on 11/01/05, 12:25 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: Who is responsible

If I was the injured party's lawyer I would sue both of you.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 10/31/05, 10:57 am
Robert R. Groezinger GroezingerLaw P.C.

Re: Who is responsible

A competent attorney would sue both of you. The landlord because it is his building, and you because you built it or had it built. If i were the LL attorney, i would also then sue you for the work done poorly to allow the danger to exist.

Good Luck

RRG

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Answered on 10/31/05, 11:22 am


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