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?
4 Answers from Attorneys
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.
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.
Re: Who is responsible
If I was the injured party's lawyer I would sue both of you.
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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