New York premises liability laws hold property owners and managers responsible for maintaining safe conditions on their premises to prevent harm to anyone lawfully present on the property. If you have been injured due to hazardous conditions, such as slippery floors, broken stairs, or inadequate security, you may have the right to file a claim to recover compensation for your losses. To succeed, you must prove that the property owner knew or should have known about the hazardous condition and failed to address it within a reasonable timeframe.
At Friedman, Levy, Goldfarb, Green & Bagley, P.C., our NYC attorneys have been successfully advocating for the rights of victims hurt in New York commercial and residential buildings for over 50 years. Our knowledgeable legal team handles complex premises liability cases and represents clients in Manhattan, Brooklyn, Bronx, Queens, Long Island, and across New York state.
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Whether your accident occurred at a department store, a friend’s home, or on a public sidewalk, we have the resources to achieve justice and maximum compensation. Contact us today to schedule a free consultation.
Premises Liability Laws in New York
As noted above, New York premises liability laws require property owners, landlords, and managers to maintain safe conditions to protect individuals from preventable harm. These laws apply to residential, commercial, and public properties and hold property owners accountable for injuries caused by unsafe or hazardous conditions.
Common premises liability claims include slip and falls, inadequate maintenance, defective stairways, negligent security, and injuries from falling objects. Property owners are also responsible for ensuring common areas, like sidewalks and parking lots, are free of hazards.
In addition, New York follows a pure comparative negligence standard. Plaintiffs (the injured party) can sue even if they were partially at fault for the accident. The amount of compensation, however, will be reduced by their percentage of fault. For example, if you slipped and fell in a store, but a court determined you were 20 percent responsible for the accident, an award of $100,000 would be reduced to $80,000.
Premises liability cases require thorough documentation, such as photographs, witness testimony, and medical records, to establish negligence and secure fair compensation for the injured party.
Determining Liability to Hold Accountable in Your Premises Liability Case
To establish liability, an injured party must prove that the property owner owed them a duty of care, breached that duty by failing to address or warn about a dangerous condition, and that this negligence directly caused their injury. The level of duty varies based on the injured party’s status: invitees (business visitors) are owed the highest standard of care, licensees (social guests) must be warned of known hazards, and trespassers are owed limited protections, with exceptions for children under the attractive nuisance doctrine.
Under New York’s joint and several liability doctrine, plaintiffs can hold all at-fault parties responsible for damages in a premises liability claim. This means that if multiple parties are found liable for an accident, each can be held responsible for the full amount of the damages, regardless of their individual share of fault.
However, defendants whose liability is found to be less than 50 percent are only responsible for their proportionate share of non-economic damages. This complexity underscores the importance of working with an experienced legal team.
“I suffered a slip and fall on the ice some time ago due to the negligence of a local establishment. Charles Green fought like hell for me.. 5+ stars”
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Types of Premises Liability Claims You Can Pursue
Many accident types fall under the umbrella of premises liability law, including:
- Slip and fall accidents: Ice and snow on sidewalks and spilled items on supermarket floors are among the leading causes of slip and fall accidents in New York.
- Accidents caused by falling objects: Overstocked shelves and unbalanced stacks of merchandise can put innocent customers at risk.
- Stairway accidents: Property owners must keep their stairways in good working order, adequately lit, and free from hazards.
- Negligent security: If you were the victim of a robbery or assault, an NYC premises liability attorney could look into whether broken locks, malfunctioning surveillance cameras, or other lapses in security were to blame.
- Ceiling collapses: Negligent plumbing and building maintenance are often to blame when a ceiling collapses and injures people below.
- Dog bites: If you were bit by a dog or injured in an animal attack, the animal’s owner may be liable for your damages.
- Elevator and escalator accidents: Malfunctioning elevators and negligent maintenance place New Yorkers at risk in commercial and residential buildings throughout the city.
- Radiator injuries: When a radiator is poorly maintained, it can cause serious burn injuries that result in permanent scarring and disfigurement.
Whatever the cause of your accident, a knowledgeable New York premises liability lawyer can help you explore your legal options, including bringing a lawsuit against a negligent property owner or other at-fault parties.
FAQs About Premises Liability Laws in New York
What Should I Do Immediately After an Accident?
Immediately after an accident, prioritize your safety and health by seeking medical attention, even if injuries are not immediately apparent. Notify the property owner or manager and ensure the incident is documented through an accident report. Take photos or videos of the scene, including hazards, injuries, and surrounding conditions, and gather contact information from witnesses. Avoid making statements that could imply fault, and consult an attorney to understand your rights and potential for compensation. Acting quickly helps protect your health and strengthens your claim.
How Much Does It Cost to Hire a Premises Liability Lawyer?
Premises liability claims, like other personal injury cases, are generally handled on a contingency fee basis—meaning you don’t pay attorney fees unless they successfully recover compensation for your losses.
What Are the Statute of Limitations?
In personal injury cases, such as premises liability claims in New York, the statute of limitations is generally three years from the accident date. For wrongful death cases, the time limit is typically two years from the date of death. However, if a municipality or city is the defendant, this deadline is shortened to just one year and 90 days, including 90 days to file a Notice of Claim. Consulting an attorney promptly is essential to ensure compliance with these deadlines.
Injured? Let’s Talk. Get a Free Consultation.
We fight to recover the largest settlement awards in every premises liability lawsuit. We treat every client with the respect and courtesy that they deserve. Further, we include every credible damages argument in our negotiations with insurers and in liability and damages trials when insurance companies refuse to settle for fair amounts. Schedule a free, no-obligation consultation. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your injuries.
