This page was written, edited, reviewed & approved by Ruben Davidoff following our comprehensive editorial guidelines Ruben Davidoff ,the Founding Partner, has 30+ years of legal experience as a New York personal injury attorney.
Injured by a property owner's negligence? Davidoff Law explains New York premises liability law and fights for full compensation. Call (929) 209-4282.
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A premises liability claim is a type of personal injury case you can file when an unsafe condition on someone else's property causes your injury. It lets you seek money from the property owner or occupier who failed to keep the property reasonably safe.
The key is fault. A property owner is responsible only when they knew, or should have known, about the hazard and did not fix it or warn you in time.
Premises liability claims often come from accidents like these:
- Slip and fall or trip and fall accidents
- Inadequate security that leads to an assault
- Dog bites
- Swimming pool or elevator accidents
- Falling objects or poor building upkeep
Davidoff Law helps injured New Yorkers hold negligent property owners accountable. Call us today at (929) 209-4282 for a free consultation.
What Makes a Premises Liability Claim Different From Other Personal Injury Cases
A premises liability claim is different because it is based on the condition of a property rather than a single careless act like a car crash. The heart of the case is whether the owner knew, or should have known, about a dangerous condition and failed to fix it or warn you in time.
Who Can File a Premises Liability Claim
You can usually file a premises liability claim if you were injured by an unsafe condition while you were lawfully on someone else's property. The right to file depends on why you were there and whether the owner should have kept you safe. The following people can often file a claim:
- Customers and shoppers hurt inside a store or business.
- Tenants and their guests injured in a rental property.
- Social visitors hurt while visiting someone's home.
- Workers and delivery people injured while doing their jobs on the property.
What Must You Prove in a New York Premises Liability Claim?
To win your claim, you must prove four elements of negligence. Each one builds on the last, and together they connect the owner's failure to the harm you suffered.
The Property Owner Owed You a Duty of Care
First, you must show that the owner owed you a duty to keep the property reasonably safe. In New York, owners generally must use reasonable care to protect anyone who might foreseeably enter their property.
The Property Owner Failed to Address a Dangerous Condition
Next, you must show that the owner breached that duty by ignoring a hazard. This means they knew, or should have known, about the danger and did nothing to fix it.
The Hazard Caused Your Injury
Then, you must connect the dangerous condition directly to your injury. The link between the hazard and your harm is essential to your case.
You Suffered Compensable Damages
Finally, you must prove that you suffered real losses, such as medical bills or lost wages. Without measurable damages, there is no claim to pursue.
What Types of Accidents Can Lead to a Premises Liability Claim?
Many kinds of accidents can happen when a property is not kept safe. The following accidents often lead to a premises liability claim:
- Slip and Fall Accidents: These happen when wet floors, spills, or slick surfaces cause you to fall and get hurt.
- Trip and Fall Accidents: These involve hazards like broken steps, torn carpet, or uneven walkways.
- Inadequate Security Incidents: These occur when weak security allows a preventable attack or harm to happen.
- Dog Bite Injuries: These arise when an owner fails to control a dangerous animal on the property.
- Swimming Pool and Recreational Accidents: These result from unsafe pools or play areas that lack proper barriers or upkeep.
What Is Considered a Dangerous Property Condition?
A dangerous property condition is any hazard that creates an unreasonable risk of injury. Property owners have a duty to inspect their premises, fix dangerous conditions within a reasonable time, or warn visitors about hazards they know or should have known about.
Some of the common examples are:
- Wet Floors and Slippery Surfaces: Spills, ice, snow, or freshly mopped floors that create slip hazards.
- Broken Stairs and Walkways: Cracked sidewalks, uneven pavement, loose flooring, broken steps, or damaged handrails.
- Poor Lighting: Dim hallways, stairwells, parking lots, or entrances that make hazards difficult to see.
- Falling Objects: Unsecured merchandise, shelving, or overhead items that can strike visitors.
- Inadequate Security: Broken locks, poor lighting, or insufficient security measures that contribute to foreseeable crimes.
- Defective Elevators and Escalators: Unsafe or poorly maintained equipment that causes injuries.
Who Can Be Held Liable in a Premises Liability Case?
More than one party can share the blame for an unsafe property. Some of the parties that may be held liable include:
- Homeowners: They can be responsible when a hazard in their home injures a guest.
- Commercial Property Owners: They must keep stores and businesses safe for customers.
- Landlords and Property Management Companies: They are responsible for keeping rental buildings and shared areas safe.
- Businesses Leasing Property: They can be liable for dangers inside the space they control.
- Government Entities: They may be responsible for hazards on public property, though special rules and shorter deadlines apply.
What Evidence Can Strengthen a Premises Liability Claim?
Strong proof is the key to holding a property owner accountable. The following evidence can strengthen a premises liability claim:
- Photographs and Video Footage: These capture the hazard and the scene before anything is cleaned up or repaired.
- Accident Reports: These create an official record of what happened and when.
- Medical Records: These connect your injuries to the accident and show the cost of your care.
- Witness Statements: These add outside voices that confirm your account.
- Maintenance, Inspection, and Repair Records: These can show that the owner knew about the danger and ignored it.
- Surveillance Footage: Many businesses, apartment complexes, and commercial properties use security cameras that may capture exactly how the accident happened. Acting quickly can help preserve this footage before it is deleted.
What Compensation Can You Recover?
A premises liability injury can bring many losses, and you may be able to recover for each one. The following types of compensation are often available.
Medical Expenses
This covers your emergency care, hospital stays, surgeries, and the follow-up treatment you need as you recover from your injury. These bills often make up a large part of a claim, especially when your injury requires ongoing visits or specialized care.
Lost Income and Reduced Earning Capacity
This pays for the wages you lost while you were healing and unable to work, along with the future earnings your injury may take away over time. Both of these losses matter in a full claim because a serious injury can affect your paycheck long after the accident.
Pain and Suffering
This addresses the physical pain and the emotional strain that come with a serious injury on someone else's property. These losses are just as real as your medical bills, even though they never come with a receipt.
Permanent Disability or Disfigurement
This covers the lasting limits and visible scars that change how you live your daily life and how you feel about yourself. It recognizes the kind of harm that will never fully heal, no matter how much time passes.
Future Medical Expenses
This accounts for the ongoing care, therapy, and treatment you will still need well after your case is over. Planning for these future costs protects your long-term recovery and keeps you from paying out of pocket down the road.
Loss of Enjoyment of Life
Serious injuries may prevent you from participating in hobbies, family activities, exercise, or other parts of everyday life. Compensation may be available for these lasting changes to your quality of life.
If you are facing these losses after a fall or other injury on someone else's property, you do not have to handle it alone. Call Davidoff Law at (929) 209-4282, and let our team fight for what you deserve.
How Does New York Law Affect Premises Liability Claims?
Comparative Negligence
New York law is fairly friendly to injured people. Under CPLR § 1411, New York follows a pure comparative negligence rule, which means you can recover compensation even if you were partly at fault. Your recovery is simply reduced by your own percentage of fault, so if you were 30% to blame, you can still recover 70% of your damages.
Statute of Limitations
Timing is critical, though. Under CPLR § 214, most negligence claims must be filed within three years of the injury, subject to some exceptions.
Claims Against Government Entities
Claims against a government entity often have much shorter deadlines, so acting early protects your rights.
Contact Our New York Premises Liability Lawyer for a Free Consultation
An injury on someone else's property can leave you with painful bills and a long recovery, but you should not have to pay for another party's carelessness. At Davidoff Law, our New York premises liability lawyer knows how to prove fault, gather the right evidence, and stand up to insurance companies that try to underpay.
We handle the legal fight so you can focus on getting better. Call (929) 209-4282 today for a free consultation.
Ruben Davidoff, founder of Davidoff Law, established his practice in 2012 after moving to Queens in 1988 and beginning his legal career in 1997. Admitted in NY State and the US District Court for the Eastern District of NY, he has extensive experience in personal injury, handling various cases like airline crashes, auto accidents, and slip/trip and fall cases. Mr. Davidoff provides personalized attention, recovering millions for clients through settlements or verdicts, leveraging decades of experience.
