New York Premises Liability Lawyer

Each year, thousands of people in New York are injured due to hazardous conditions on someone else's property. These injuries occur in a wide range of settings, including shopping malls, apartment buildings, restaurants, public parks, and even private homes. Property owners, whether they own a business, a government property, or a private residence, have a legal duty to maintain their premises in a reasonably safe condition. This responsibility is not just a matter of good practice; it is a legal obligation under New York premises liability law.

Premises liability law is designed to protect individuals from harm caused by unsafe conditions such as wet floors, broken stairs, faulty wiring, poor lighting, loose floor tiles, and inadequate security. When property owners fail to address these hazards, they can be held legally responsible for injuries that occur as a result. Victims of premises liability accidents may suffer a wide range of injuries, from minor cuts and bruises to life-altering conditions like spinal cord injuries, traumatic brain injuries, or even death.

If you or a loved one was injured on someone else's property, it is important to understand your legal rights. Premises liability claims can be complex, requiring an understanding of the property owner's duty of care, the type of hazard involved, and whether the owner had notice of the dangerous condition. Contacting an experienced New York premises liability lawyer can help ensure that your rights are protected and that you receive fair compensation for your injuries.

Premises liability is a form of negligence claim that specifically addresses injuries caused by dangerous conditions on a property. Unlike general negligence claims, which focus on a person's actions, premises liability focuses on whether the property owner maintained safe conditions. Premises liability claims can arise from a variety of conditions, including:

• Wet or slippery floors
• Broken stairs or railings
• Loose floor tiles or carpeting
• Poor lighting
• Accumulations of snow or ice
• Inadequate security leading to assault
• Falling objects
• Electrical hazards
• Dog bites

If you have been injured due to a hazardous condition on someone else’s property, you may be entitled to compensation. Navigating a premises liability claim can be complex, and having experienced legal representation is critical. Contact an experienced New York premises liability lawyer who can investigate your case, determine liability, and help you seek the compensation you deserve.

Under New York law, property owners and those who control property are required to maintain it in a reasonably safe condition. This duty was firmly established in the landmark case of Basso v. Miller, 40 N.Y.2d 233 (1976), which involved a motorcycle accident on a rough, hazardous road within a scenic park. Before Basso, New York followed a rigid system that categorized visitors as invitees, licensees, or trespassers, with the property owner’s duty of care varying based on the visitor’s status. However, Basso v. Miller replaced this system with a single standard of “reasonable care under the circumstances,” applying to all lawful visitors. This means property owners must take reasonable steps to ensure their premises are safe, regardless of the visitor’s purpose.

Key aspects of the duty of care include:

• Regular Inspections: Property owners should regularly inspect their premises to identify and address hazards.
• Timely Repairs: When a dangerous condition is discovered, it should be repaired within a reasonable time.
• Warning of Hazards: If a hazard cannot be immediately repaired, a clear warning should be posted.
• Security Measures: In areas where criminal activity is foreseeable, property owners may have a duty to provide adequate security.

If you have been injured on someone else’s property due to unsafe conditions, contact an experienced New York premises liability lawyer. An attorney can help you understand your rights, determine liability, and seek fair compensation.

Liability for a premises liability accident can extend beyond the property owner. Depending on the circumstances, other parties who had control over the property or were responsible for its maintenance can also be held liable. These parties may include:

• Property Managers: Property management companies are often responsible for overseeing the maintenance and safety of a property. If they fail to conduct regular inspections, repair hazards, or ensure safety protocols are followed, they may be liable for injuries that occur.
• Tenants: In some cases, tenants who lease property have a legal duty to maintain the premises they occupy. This is especially true for commercial tenants who are responsible for keeping their rented space safe for customers or employees. If a tenant fails to address a known hazard, they may be held responsible.
• Maintenance Companies: Companies hired to perform cleaning, repairs, landscaping, or other maintenance tasks may be liable if their negligent work creates or fails to fix a dangerous condition. For example, a cleaning company that leaves a floor wet without placing warning signs may be at fault.
• Security Companies: When a property owner hires a security company to provide protection or monitor the premises, that company may be held liable for injuries resulting from inadequate security. This can include failing to prevent foreseeable criminal acts or not properly training security personnel.
• Contractors: Contractors working on a property may be liable if their work creates a dangerous condition or if they fail to follow safety protocols. This is common in cases involving construction accidents where poor workmanship or failure to secure materials leads to injuries.

In a premises liability case, identifying all potentially liable parties is critical to ensuring that you receive fair compensation for your injuries. An experienced New York premises liability lawyer can thoroughly investigate your case, determine who had control over the property or was responsible for its safety, and hold all negligent parties accountable. Failing to identify a responsible party can limit your ability to recover damages, making experienced legal guidance essential.

In a premises liability case, establishing liability depends on proving that the property owner or occupier was aware of a hazardous condition and failed to take appropriate action. This awareness can be demonstrated in two primary ways:

• Actual Notice: The property owner or occupier knew about the hazard. This can be proven through direct evidence, such as a written complaint, maintenance records, or witness testimony indicating that the owner was informed of the dangerous condition.
• Constructive Notice: Even if the owner did not know about the hazard, they can still be held liable if the condition existed for a sufficient amount of time that they should have discovered it through reasonable inspections. Constructive notice is based on the principle that property owners have a duty to maintain safe conditions and to regularly inspect their premises.

However, not all hazardous conditions are discoverable through reasonable inspection. For example, in K.B. v City of Mount Vernon, 2024 NY Slip Op 04299, the plaintiff, a child, was injured when a hinged metal panel covering a water meter pit gave way beneath her in a public park. The plaintiffs alleged that the City of Mount Vernon was negligent in maintaining the premises. The City moved for summary judgment, arguing it did not have actual or constructive notice of the defect because the defect was latent, hidden and not visible upon reasonable inspection. The court agreed, finding that because the defect was not visible or apparent, it was not something the City should have known about through reasonable inspections. As a result, the City was not liable for the plaintiff’s injuries.

This case highlights that property owners are not automatically liable for all hazards. To establish liability, it must be shown that the owner either knew about the dangerous condition (actual notice) or should have known about it (constructive notice). If you believe you were injured due to a property owner’s failure to maintain safe conditions, an experienced New York premises liability lawyer can help you determine whether the owner may be held liable.

Premises liability claims can arise in various situations where unsafe property conditions cause harm. These claims may involve different types of hazards depending on the property’s location, use, and maintenance practices. Some of the most common types of premises liability claims include:

• Slip and Fall Accidents: These occur when a person slips on a wet or slippery surface, such as a recently mopped floor without warning signs, a spill that was not cleaned up, or icy sidewalks that were not treated. Property owners are responsible for ensuring that floors and other surfaces are safe and free from slipping hazards.

  For example, in Anderson v. United Parcel Service, Inc., 2021 NY Slip Op 02777, the plaintiff, Sandra Anderson, was working as a security guard when she slipped on ice in a parking lot at a UPS facility. UPS argued it was not liable because it had cleared snow and ice two days earlier and had no notice of any hazardous condition. However, the court found that UPS failed to show when the area was last inspected after the initial snow removal, leaving open the possibility that ice formed and remained unnoticed.

• Trip and Fall Accidents: These happen when a person trips over an unexpected obstruction, such as loose carpeting, broken sidewalks, or cluttered walkways. Property owners must keep walkways clear and maintain safe walking surfaces to prevent these incidents.

  For example, in Pelletteri v. Ferrantino & Co., Inc., 2024 NY Slip Op 50647(U), the plaintiff tripped and fell over a single step outside a building owned by the defendant. The plaintiff claimed the step was difficult to see due to inadequate lighting and that the step and sidewalk were the same color, creating a hidden hazard. The court denied the defendant’s motion for summary judgment, finding there were unresolved issues of fact regarding the visibility of the step and whether poor lighting made the step dangerous.

• Inadequate Security: Property owners may be liable for inadequate security if they failed to take reasonable measures to prevent foreseeable crimes. This can include failing to maintain functional locks, provide security personnel, or install adequate lighting in areas with a history of criminal activity.

  In Scurry v. New York City Housing Authority, 2023 NY Slip Op 02752, two tenants were murdered in separate NYCHA buildings due to inadequate security, specifically malfunctioning exterior door locks. The plaintiffs argued that NYCHA’s failure to maintain secure entryways allowed the attackers to enter the buildings and commit violent crimes. The Court of Appeals held that NYCHA could not avoid liability by arguing that the attacks were targeted, emphasizing that a landlord's failure to provide basic security, such as functional locks, can be a proximate cause of harm, even when the assailants are specifically targeting their victims.

• Falling Objects: Injuries can occur when items are improperly stored or secured, causing them to fall on visitors. This is common in retail stores with high shelves, construction sites, or any area where items are stored overhead without proper support.

  In Martinez v. Turner Construction Co., 2018 NY Slip Op 51516(U), the plaintiff, a construction worker, was struck in the head by a falling scaffold plank while exiting an elevator on the eighth floor of a construction site. The plank fell from the ninth floor, where it was being installed by another worker. The court found that the plank was a falling object that required securing under Labor Law § 240(1), and that the failure to secure it created a gravity-related hazard. The court granted summary judgment in favor of the plaintiff on his Labor Law § 240(1) claim, holding that the defendants were liable for failing to provide adequate safety measures to prevent the falling object accident.

• Dog Bites: Property owners can be held responsible if their dog bites someone, especially if they knew the dog had dangerous tendencies. This liability may also apply to other animals kept on the property, depending on the circumstances.
• For example, in Cantore v. Costantine, 2023 NY Slip Op 05708, an infant was bitten by a dog at a dog-friendly establishment. The plaintiff argued that the restaurant was negligent for allowing dogs on the premises without ensuring they were safe. However, the court ruled in favor of the restaurant, emphasizing that in New York, premises liability for dog bites is not automatic. The court noted that to establish liability, the plaintiff must show that the premises owner knew or should have known of the dog’s dangerous propensities. Because there was no evidence that the restaurant knew or should have known of the dog’s aggressive behavior, it could not be held liable. This decision highlights that property owners are not automatically liable for dog bites that occur on their premises unless they have prior knowledge of the animal's dangerous tendencies.

• Swimming Pool Accidents: Drownings and slip and fall accidents around swimming pools can lead to premises liability claims. Property owners are expected to maintain safe pool areas, including secure fencing, proper supervision, and clear warnings about pool rules.

  For example, in O'Brien v. Asphalt Green, Inc., 2021 NY Slip Op 02534, the plaintiff, a swimming official, was injured after slipping on a wet pool deck at an indoor swimming facility. The defendant argued that the wet condition was incidental to the pool area and that the plaintiff assumed the risk of such conditions. However, the court denied the defendant’s motion for summary judgment, finding that the water accumulation was due to condensation from overhead pipes, creating a hazard beyond the normal risks of a pool environment.

• Fire Code Violations: Injuries caused by fires can result in premises liability claims if the property owner failed to follow fire safety regulations. This may include blocked exits, missing smoke detectors, or failure to maintain fire suppression systems. Premises liability claims based on fire code violations require proof that the violation directly contributed to the plaintiff's injury.

  For example, in Brady v. Albury, 2022 NY Slip Op 51123(U), the plaintiff, a firefighter, alleged that fire code violations on the defendants' property hindered firefighting efforts and led to his injuries. Specifically, debris and unsafe conditions allegedly blocked entry, violating the Building Code of the City of New York §301.1, the Fire Code of the City of New York §29-107.5, and the Property Maintenance Code of the State of New York §108.1.5. The court denied the defendants' motion for summary judgment, finding that a jury could reasonably conclude that these code violations were an indirect cause of the plaintiff's injuries.

Premises liability claims can result from a wide range of dangerous conditions. Identifying the specific type of hazard that caused the injury is an important step in building a strong case. An experienced New York premises liability lawyer can help you investigate your accident, determine who is responsible, and pursue the compensation you deserve.

If you were injured due to unsafe conditions on someone else’s property, you may be entitled to several types of compensation, including:

• Medical expenses: This includes costs for emergency care, hospital stays, surgeries, medications, physical therapy, and any other medical treatments necessary due to the injury. Victims may also be compensated for future medical expenses related to ongoing care.
• Lost wages: If your injury prevents you from working, you can seek compensation for lost income. This may include wages lost during your recovery and potential future earnings if your injury affects your ability to work long-term.
• Pain and suffering: Compensation for pain and suffering accounts for the physical and emotional distress caused by your injury. This may include chronic pain, anxiety, depression, or loss of enjoyment of life.
• Property damage: If your personal property was damaged in the incident, such as clothing, phones, or other personal belongings, you may be entitled to compensation for repair or replacement.
• Loss of enjoyment of life: If your injury prevents you from participating in activities you once enjoyed, such as hobbies, exercise, or spending time with family, you may be entitled to compensation for this loss.

Sadly, in some cases, victims of premises liability accidents do not survive. In such a case, their personal representatives may pursue a wrongful death claim against the property owner or other responsible parties. This can occur in situations such as fatal slip and falls, drownings in unsafe pools, fires, or violent attacks due to inadequate security. Compensation may include funeral expenses, lost income, medical expenses, and other financial losses.

If you or someone you love were injured due to unsafe conditions on someone else’s property, contact an experienced premises liability attorney in New York to understand your rights and pursue fair compensation.

In New York, the statute of limitations for premises liability claims depends on who you are suing. Missing these deadlines can prevent you from recovering compensation for your injuries.

• Claims Against Private Parties: You have three years from the date of the injury to file a lawsuit (CPLR § 214(5)). This applies to premises liability cases involving slip and fall accidents, inadequate security, dog bites, falling objects, and other hazardous conditions on private property.
• Claims Against Government Entities: You must file a Notice of Claim within 90 days of the incident (General Municipal Law § 50-e) and start the lawsuit within one year and 90 days from the date of the incident (General Municipal Law § 50-i). Missing these deadlines can result in losing your right to recover compensation.
• Exceptions for Minors: Cases involving minors may have an extended statute of limitations. This means a child who is injured may have more time to file a claim.
• Fraud or Concealment: If the property owner engaged in fraudulent conduct that concealed the hazard, the timeline may be extended.

If you were hurt on someone else’s property, knowing these deadlines can make the difference between recovering compensation and losing your right to seek justice.

If you have been injured due to unsafe conditions on someone else’s property, you may be entitled to financial compensation. Contact Stephen Bilkis & Associates today for a free consultation. Our experienced premises liability attorneys serving New York will help you understand your legal options, guide you through the legal process, and fight for the compensation you deserve for your medical expenses, lost wages, pain and suffering, and other damages.

Contact us at 800.696.9529 to schedule a free, no-obligation consultation regarding your case. We serve clients in the following locations: Manhattan, Westchester County, Suffolk County, Staten Island, Bronx, Brooklyn, Long Island, Nassau County, and Queens.