NYC Premises Liability Lawyer - Get Justice for Your Injury

If you’ve been hurt in a slip and fall, trip and fall, or other premises-related accident in New York City, contact our premises liability attorneys today for a free consultation. Furthermore, we work on a contingency fee basis. This means you pay nothing unless we win your case.

What Is Premises Liability in New York?

Premises liability law in New York holds property owners and occupiers responsible for maintaining safe conditions on their property. Under New York law, property owners have a legal duty to keep their premises reasonably safe for visitors. Additionally, they must warn of known hazards that could cause injury.

The foundation of premises liability in New York rests on the concept of negligence. Property owners must exercise reasonable care in maintaining their property and addressing dangerous conditions. This includes regular inspections, prompt repairs, adequate lighting, proper maintenance, and warning visitors of potential hazards. New York uses a modern foreseeability-based standard to determine a property owner’s duty of care. Rather than relying on traditional visitor classifications, New York courts evaluate the foreseeability of harm to visitors on the property. Property owners must maintain reasonably safe conditions based on the likelihood that people will be present and the potential for injury. This approach focuses on the specific circumstances of each case rather than rigid categories of visitors. The key elements of a successful premises liability claim in New York include proving that the property owner knew or should have known about the dangerous condition. Additionally, you must show they failed to remedy the situation or provide adequate warning. Finally, this negligence must have directly caused your injuries.

Common Types of Premises Liability Cases We Handle

Slip and Fall Accidents in NYC

Slip and fall accidents are among the most common premises liability cases in New York City. These accidents can occur due to wet floors, spilled liquids, inadequate lighting, worn carpeting, or improperly maintained walkways. Property owners must maintain safe walking surfaces and promptly address hazardous conditions.

Our New York City personal injury lawyers handle slip and fall cases in various locations. These include retail stores, restaurants, office buildings, apartment complexes, hotels, and public facilities. We investigate the circumstances of your accident, gather evidence of the dangerous condition, and work to prove the property owner’s negligence. Beyond slip and fall accidents, we represent clients injured in trip and fall incidents. These can be caused by uneven sidewalks, broken stairs, loose carpeting, or debris in walkways. We also handle cases involving inadequate security that leads to assault or robbery. Additionally, we work on swimming pool accidents, elevator and escalator malfunctions, and injuries caused by falling objects or structural defects.

New York Premises Liability Laws You Need to Know

New York’s premises liability laws are governed by both state statutes and common law principles developed through court decisions. Understanding these laws is crucial for building a strong case and maximizing your compensation.

The statute of limitations for premises liability cases in New York is generally three years from the date of injury. However, if your accident occurred on government property, you may need to file a notice of claim within 90 days of the incident. Missing these deadlines can bar your claim entirely. This is why it’s important to contact an attorney promptly after your accident. New York follows a comparative negligence system. This means your compensation may be reduced if you’re found partially at fault for your accident. For example, if you were texting while walking and slipped on a wet floor, your damages might be reduced by your percentage of fault. However, you can still recover compensation as long as you’re less than 100% at fault. Property owners in New York have specific obligations under various building codes and safety regulations. The New York City Building Code, Housing Maintenance Code, and other local ordinances establish minimum safety standards that property owners must follow. Violations of these codes can serve as evidence of negligence in your premises liability case.

Proving Your Premises Liability Case in New York

Successfully proving a premises liability case in New York requires demonstrating four key elements: duty, breach, causation, and damages. Our experienced attorneys know how to build compelling cases that establish each of these elements.

First, we must show that the property owner owed you a duty of care. Under New York’s foreseeability standard, this duty is determined by evaluating whether injury to visitors was reasonably foreseeable given the property conditions and expected use. Next, we must prove that the property owner breached their duty by failing to maintain safe conditions or warn of known hazards. This often involves showing that the dangerous condition existed for a sufficient period. The owner knew or should have known about it through reasonable inspection and maintenance procedures. Causation requires demonstrating that the property owner’s negligence directly caused your injuries. We gather evidence including surveillance footage, witness statements, incident reports, maintenance records, and testimony to establish the connection between the dangerous condition and your accident. Finally, we document your damages including medical expenses, lost wages, pain and suffering, and other losses resulting from your injuries. Our personal injury attorneys work with medical professionals, economists, and other professionals to accurately calculate the full extent of your damages.

Who Can Be Held Liable for Premises Accidents?

Multiple parties may be held liable for premises accidents in New York City, depending on the specific circumstances of your case. Identifying all potentially responsible parties is crucial for maximizing your compensation.

Property owners are the most obvious defendants in premises liability cases. This includes individual property owners, corporations that own commercial buildings, and government entities that own public property. Even if the owner doesn’t directly manage the property, they can still be held liable for dangerous conditions. Property managers and management companies can also be liable if they’re responsible for maintaining the property and fail to address hazardous conditions. Tenants who lease commercial space may be liable for accidents that occur in areas under their control. Contractors and maintenance companies can be held responsible if their negligent work creates dangerous conditions. For example, a cleaning company that leaves floors wet without proper warning signs could be liable for slip and fall accidents. In some cases, manufacturers of defective products that contribute to accidents may also be liable. This could include faulty flooring materials, defective lighting systems, or malfunctioning security equipment.

Compensation Available in NYC Premises Liability Claims

Victims of premises liability accidents in New York City may be entitled to various types of compensation, depending on the severity of their injuries and the impact on their lives. Our attorneys fight to recover maximum compensation for all your losses.

Economic damages include medical expenses for emergency treatment, hospitalization, surgery, rehabilitation, and ongoing medical care. We also seek compensation for lost wages, reduced earning capacity, and other financial losses resulting from your injuries. Non-economic damages compensate for pain and suffering, emotional distress, loss of enjoyment of life, and other intangible losses. New York doesn’t cap non-economic damages in most personal injury cases. This allows for substantial awards in severe injury cases. In cases involving particularly egregious conduct, punitive damages may be available to punish the defendant and deter similar behavior. While less common in premises liability cases, punitive damages can significantly increase your total recovery.Our attorneys also seek compensation for future medical expenses, ongoing care needs, and long-term disability accommodations. We work with medical professionals and life care planners to accurately project your future needs. This helps us work toward a settlement or verdict that covers all anticipated costs.

Why Choose Parker Waichman LLP for Your Premises Liability Case

Parker Waichman LLP brings over three decades of experience and a track record of recovering more than $2 billion for injury victims to every premises liability case. Our NYC premises liability lawyers understand the challenges of pursuing claims in New York City. Additionally, we have the resources to take on powerful property owners and insurance companies.

Our firm’s approach to premises liability cases is thorough and aggressive. We conduct comprehensive investigations, work with witnesses, and utilize cutting-edge technology to build compelling cases. Our attorneys are skilled negotiators who aren’t afraid to take cases to trial when necessary to achieve the optimal outcome. We maintain offices throughout the New York City area, including Manhattan, Brooklyn, Queens, and Long Island. This makes it convenient for clients to meet with our attorneys. Furthermore, our multilingual staff can communicate with clients in their preferred language. This helps maintain clear communication throughout the legal process.Parker Waichman LLP has earned recognition from prestigious organizations including recognized legal publications and professional associations. Our founding partner Jerrold S. Parker holds an AV Preeminent rating from Martindale-Hubbell and has been recognized with a Five Dragon rating from Law Dragon. Our senior litigation counsel Alex Tovstolug brings extensive experience in premises liability litigation.

Contact Our NYC Premises Liability Lawyers Today

If you’ve been injured in a premises liability accident in New York City, don’t wait to seek legal representation. Evidence can disappear, witnesses’ memories can fade, and strict deadlines apply to filing your claim. Contact Parker Waichman LLP today for a free consultation with an experienced NYC premises liability lawyer.

Our attorneys will review your case, explain your legal options, and help you understand the potential value of your claim. We work on a contingency fee basis. This means you pay no attorney fees unless we recover compensation for you. This allows you to pursue justice without worrying about upfront legal costs. Call us at (212) 267-6700 or contact us online to schedule your free consultation. Our premises liability lawyers are ready to fight for the compensation you deserve and hold negligent property owners accountable for their actions. Don’t let a premises liability accident derail your life – let Parker Waichman LLP help you get back on track.