Common types of premises liability cases in New York include slip and falls, inadequate security, dangerous staircases, defective sidewalks, and poorly maintained structures. These cases arise when property owners or managers fail to uphold their duty to keep their premises safe for lawful visitors, leading to accidents and injuries. Dangerous conditions such as broken handrails, loose flooring, or icy walkways can also cause serious harm. 

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If you are injured on someone else’s property, you may have a valid claim for compensation. The law firm of Friedman, Levy, Goldfarb, Green & Bagley, P.C. can explain your rights and outline the smartest course for legal action. For more than 50 years, our NYC attorneys have successfully advocated for the rights of victims hurt in New York commercial and residential buildings. Contact us by phone or through our convenient online form to schedule a free consultation. 

What is a Premises Liability Case? 

Under New York law, property owners have a duty of care to maintain their properties in a reasonably safe condition. If a property owner fails to maintain their property or does not warn visitors about potential hazards, such as posting warning signs or cordoning off the area, they may prove liable if someone is hurt due to their negligence.  

The elements of a premises liability case include:  

  • Duty of Care. The property owner owed a legal duty to maintain a safe environment for those lawfully on the premises. 
  • Breach of Duty. The owner or manager failed to meet this duty by neglecting to address or warn about dangerous conditions on the property. 
  • Knowledge of the Hazard. The owner knew or should have reasonably known about the unsafe condition but did not take appropriate action to fix it or warn visitors. 
  • Causation. The hazardous condition directly caused the victim’s injury, with no significant intervening factors. 
  • Damages. The victim suffered measurable harm, such as medical expenses, lost wages, or pain and suffering resulting from the injury. 

These elements must be proven to establish a successful premises liability claim and secure fair compensation. 

Common Types of Premises Liability Cases  

As noted, premises liability cases arise when a property owner or occupier is negligent in maintaining their property, resulting in injuries to visitors or tenants. Understanding the most common premises liability cases can help victims recognize their legal rights and property owners’ obligations to ensure safety. 

Slip and Fall Accidents 

Slip and fall accidents happen when a person loses footing due to slippery, wet, or uneven surfaces. Common causes include spilled liquids, icy walkways, loose rugs, or recently mopped floors without proper warning signs. These accidents can result in significant injuries, such as fractures, back injuries, or head trauma.  

Trip and Fall Accidents Due to Unsafe Conditions  

Trip and fall accidents occur when hazardous conditions on a property cause someone to lose their balance and fall. Common causes include uneven flooring, loose carpets, cluttered walkways, and broken sidewalks. Victims may suffer serious harm, such as broken bones, sprains, or head injuries.    

Staircase Injuries from Neglect 

Staircase injuries are a common form of premises liability in New York, often resulting from property owners neglecting to maintain safe stairways. Hazards such as broken steps, loose handrails, poor lighting, or slippery surfaces can lead to serious accidents, including falls and trips. These incidents can cause severe injuries, such as fractures, head trauma, or spinal damage.  

Injuries From Falling Objects in Commercial Spaces 

New York is a city in a constant state of construction. While construction workers are the most vulnerable to getting struck by falling objects, such injuries can happen to pedestrians if the site is not secured properly. Customers can also sustain injuries if items fall from shelves in a retail establishment, such as a grocery store, and strike them.  

Dog Bites and Animal Attacks 

New York law blends elements of both strict liability and the “one-bite” rule when it comes to dog attacks. If you are bitten by a previously adjudicated dangerous dog in the city, the owner of the canine can be held strictly liable for the amount of hospital and medical bills stemming from the attack. In this sense, the victim does not have to prove that the dog owner’s negligence was responsible for the incident. 

Elevator and Escalator Accidents in New York Buildings 

Elevator and escalator accidents in New York buildings can occur due to mechanical failures, improper maintenance, or design defects. Issues such as sudden stops, misaligned doors, or malfunctioning steps can result in serious injuries, including fractures, cuts, or head trauma. 

What Should Victims Do After a Premises Liability Accident? 

In any personal injury case, strong evidence is critical. If you can, take photos of the accident scene and your injuries. While photos or videos are always crucial in personal injury cases, that is especially true regarding premises liability. Depending on the cause of the accident, property owners can often quickly address the issue and claim that hazardous conditions were not present. 

Other important steps to take include the following 

  • If there are eyewitnesses to your accident, obtain their names, addresses, and contact information.  
  • If possible, report the accident to the property owner right away. If a fall occurs on a commercial property like a supermarket or restaurant, notify the manager.   
  • Always seek prompt medical attention after a premises liability injury. Go to the emergency room or an urgent care facility. Failure to do so harms your case and could prove detrimental to your health.  
  • Contact a New York premises liability lawyer.  

Hiring a Premises Liability Lawyer Can Maximize Your Compensation

At Friedman, Levy, Goldfarb, Green & Bagley, P.C., we have an impressive track record in obtaining settlements and verdicts in premises liability cases. Examples include a $2.75 million settlement for a young woman paralyzed when a stone thrown from a Bronx building hit her in the head.  

Our investigation showed that the building’s owner knew non-residents gathered on the roof, that objects had been thrown from the roof before, and that the superintendent had used the stone that struck our client to prop open the roof door, violating city regulations. 

We also secured a $2.1 million jury verdict in a Brooklyn slip-and-fall case when a decrepit steel plate in a city sidewalk covering a vault caused our client, a private waste hauler, to trip and injure his back.  

In Rockland County, we obtained a $652,000 jury verdict for a client injured in a supermarket trip-and-fall. A negligent employer at an A&P Supermarket placed a stock cart behind our client without notifying her. When she turned from a display case, she tripped over it, seriously injuring her knee and requiring arthroscopic surgery. 

Types of Compensation Available for Premises Liability Accident Victims

In a premises liability case in New York, victims may recover a range of damages to compensate for their injuries and losses. These typically fall into two main categories: 

Economic Damages include:  

  • Medical Expenses: Costs for hospital stays, surgeries, medications, rehabilitation, and future medical care related to the injury. 
  • Lost Wages: Compensation for income lost during recovery and any reduction in future earning capacity. 
  • Property Damage: Costs to repair or replace personal items damaged in the incident. 

Non-economic damages include:  

  • Pain and Suffering: Compensation for physical pain and emotional distress caused by the injury. 
  • Loss of Enjoyment of Life: Damages for reduced ability to enjoy daily activities or hobbies. 
  • Loss of Consortium: Compensation for the impact of the injury on relationships with a spouse or family. 

In some cases, punitive damages may also be awarded if the property owner’s actions were particularly reckless or egregious. The exact damages available depend on the specifics of the case and the extent of the victim’s injuries and losses. 

How Comparative Negligence Affects Your New York Injury Claim

New York operates under a pure comparative negligence standard, which means that even if you were at fault, you may still recover damages minus your percentage of fault. In some states, you cannot receive damages if you are more than 50 percent responsible for the accident. In New York, you could theoretically receive damages even if you were 99 percent at fault. 

For example, the defendant’s attorney claims inappropriate footwear contributed to your slip and fall. A jury could then determine that improper footwear makes you 20 percent liable for your accident. A $100,000 award is reduced to $80,000.  

 Statute of Limitations for Premises Liability Cases in New York  

In New York, the statute of limitations for filing a premises liability lawsuit is generally three years from the accident date. After that date, the court will not usually permit a case to go forward. However, the statute of limitations is much shorter if the accident happened on any government property, ranging from a public school to a park or any local, county, state, or federal building.  

For example, if the accident occurred on New York City property, you must file a Notice of Claim within 90 days. The deadline for filing a personal injury lawsuit with New York City as the defendant is one year and 90 days.  

Justice Starts Here – Speak with a Skilled Premises Liability Attorney in New York

If you were seriously injured due to a property owner’s negligence, you need the services of an experienced New York premises liability lawyer at Friedman, Levy, Goldfarb, Green & Bagley, P.C. Schedule a free, no-obligation consultation today. Because we work on a contingency basis, you pay no fee unless you receive compensation. While most premises liability cases are settled, we will litigate your case if the defendant fails to agree to a reasonable settlement.  

We serve all of New York City and its five boroughs, as well as Long Island, Rockland County, Westchester County, and the Hudson Valley.