A ceiling collapse is a dramatic event with major consequences. In New York City, many ceiling collapses happen due to a hidden defect in the building, which causes the ceiling to give way and land on those below. Startled people can suffer horrifying bodily injuries, as well as considerable property damage. Contact Poltielov Law Firm today if you want to discuss a ceiling collapse in your home or apartment. We can review the facts and provide insight into your legal options.
Who is Responsible for a Ceiling Collapse?
Responsibility will depend on who created the defect which led to the collapse. For example, the contractor in charge of construction might have ultimate responsibility for doing poor work. They could have failed to follow safety regulations or used substandard materials. A construction worker might also have failed to perform ductwork properly.
However, if you rent, then your landlord might be on the hook legally for the defect, even if they weren’t the one to build the property. As the building’s owner, they must take care to ensure the property is safe for habitation. That duty requires performing timely maintenance and not ignoring problems.
Major causes of ceiling collapse include:
- Use of shoddy materials during construction or repair
- Water damage
- Interior or exterior cracking
- Pest infestations which can eat away at the foundation
- Poor construction
A Tenant’s Responsibility
After a collapse, the building owner might try to blame a tenant. For example, they might claim you didn’t warn them of certain signs, like sagging plasterboard or cracks in the wall. A property owner typically needs notice of a problem before they have a duty to fix it. However, sometimes a property owner has constructive notice that there’s a problem.
Alternatively, the landlord might blame you for hanging heavy items from the ceiling which they believe contributed to the collapse. This is one reason to hire a lawyer. We can work with investigators to figure out what led to the accident.
Serious Injuries
Many unsuspecting victims are struck by falling materials and can sustain:
- Traumatic brain injuries
- Neck injuries
- Shoulder injuries
- Herniated discs
- Strained back muscles
- Spinal cord injury
- Paralysis
- Crush injuries
- Amputation
The severity of injuries will depend on several factors, including whether the floor upstairs also gave way. Typically, only the ceiling falls. But in more dramatic accidents, both the ceiling and the floor land on the unit below, which typically results in catastrophic injuries to survivors.
Property Damage
A ceiling collapse does more than injure people. It can also cause major property damage. For example, pipes might open in the collapse, leading to widespread flooding. When that happens, people can lose everything in their apartment or home to water damage. The space might also become uninhabitable, and a tenant can incur additional expenses finding temporary shelter.
A lawsuit can seek compensation for property damage in addition to medical expenses. Work with an attorney for help documenting the full extent of damage.
What to Do after a Ceiling Collapse
Please take the following steps to help your case:
- Obtain immediate medical help or rescue services. Some people could be buried in debris. Do whatever you need to immediately get people to safety.
- Notify the property owner. Having fire trucks pull up to the building might be all the notification they need. But if the collapse was less dramatic, then you should contact them as soon as possible so they know of the problem.
- Document the destruction. If you are allowed back into the building, you should use your phone to take pictures or video to fully document the destruction. You can also talk to any witnesses who observed the accident or heard something.
- Continue with medical treatment. You should do everything possible to improve your injuries, which includes availing yourself of rehabilitation. Seek out a different doctor for a second opinion if you aren’t improving, but don’t simply stop treatment.
- Call an experienced lawyer. You have a right to seek compensation for economic and non-economic losses which flow from the building collapse. For example, you can seek money for medical bills, lost income, damaged property, and pain and emotional distress.
Our Ceiling Collapse Lawyer Offers a Free Consultation
Having a portion of a building fall on you is an unnerving experience. Not all lawyers are prepared to protect your legal rights. Call Poltielov Law Firm today at 718-880-2911 or contact us online. We aren’t afraid to take on some of New York’s largest landlords or their insurance companies. Our consultations are free.