Bronx, NY asked in Landlord - Tenant for New York

Q: Can I sue my landlord if my child got pricked by a needle in the building?

Theres a drug user in my building that does drugs in the staircase. My daughter and I were walking up the stairs and she was pricked by a needle on the floor we didnt see.

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1 Lawyer Answer
Elaine Shay
Elaine Shay
  • Landlord Tenant Lawyer
  • New York, NY
  • Licensed in New York

A: Assuming you are asking about a personal injury case. Hopefully your daughter has no injuries besides the prick from the needle. In that case, most personally injury attorneys would be uninterested in the case because damages are calculated based upon the extent of an injury. Generally, damages are not awarded for fear of what could have happened.

If you are instead asking about commencing a case to compel your landlord to better secure your building, it is usually possible to commence an HP case in Housing Court to have the landlord correct violations. However, because of the COVID19 health crisis, the courts are closed to non-essential cases indefinitely.

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