Premises Liability Lawyer in Port Washington, NY

If you’ve been injured on someone else’s property in Port Washington, you may have a premises liability claim. Property owners have a legal responsibility to maintain safe conditions for visitors and guests. When they fail to do so, and you suffer an injury as a result, you deserve compensation for your medical bills, lost wages, and pain and suffering. Parker Waichman LLP handles premises liability cases throughout Port Washington and Nassau County, helping injured people recover the damages they’re entitled to.

Why Choose Parker Waichman LLP for Your Premises Liability Claim

When you’re dealing with a serious injury from a slip, trip, or fall on someone else’s property, you need an attorney who understands New York law and has a strong track record of results. Parker Waichman LLP brings decades of experience handling premises liability cases for clients across the region.

Our team includes Senior Litigation Counsel Alex Tovstolug, who has spent over 15 years focused on personal injury law, including premises liability claims. He and our other attorneys have recovered over $2 billion for clients in personal injury and mass tort cases. In one recent case, we secured a $4.5 million verdict for a client who suffered multiple fractures after tripping over a sidewalk stanchion—a result that reflects our commitment to fighting for maximum compensation.

We work on a contingency fee basis, which means you pay nothing unless we win your case. Our Port Washington office is located at 6 Harbor Park Drive, right in your community, making it easy to meet with us and discuss your claim. With a 4.8 out of 5 star rating from 549 client reviews, we’ve earned a reputation for delivering results and treating clients with respect throughout the legal process.

Understanding Premises Liability in New York

Premises liability is the legal responsibility a property owner has to keep their property reasonably safe for visitors. In New York, property owners must exercise reasonable care under the circumstances to maintain safe premises. The level of care required depends on factors such as foreseeability of harm and the nature of the property use.

This responsibility is based on what’s called a “duty of care.” Under New York law, property owners must act as a reasonable person would under the circumstances to prevent foreseeable harm. This means they must regularly inspect their property, fix dangerous conditions, or provide adequate warnings.

Notice Requirement

In New York slip and fall cases, proving the owner knew about the hazard is called proving Notice. We must prove the owner had:

• Actual Notice: The owner or staff actually knew about the hazard (e.g., a customer complained about a spill, but staff ignored it).
• Constructive Notice: The hazard existed for a long enough time that the owner should have discovered it through reasonable inspections. For example, a puddle of water with footprints or shopping cart tracks through it proves the hazard was sitting there for a while before you fell.

To win a premises liability case in New York, you must prove four things: the property owner owed you a duty of care, they breached that duty by failing to maintain safe conditions, that breach directly caused your injury, and you suffered actual damages like medical expenses or lost wages.

New York follows a rule called “pure comparative negligence” under CPLR § 1411. This means that even if you were partially at fault for your accident—for example, if you were distracted when you fell—you can still recover damages. Your recovery is reduced by your percentage of fault, but you can recover even if you were mostly at fault. For example, if you’re found 20 percent at fault and your damages are $100,000, you would recover $80,000. Even if you were 90 percent at fault, you could still recover 10 percent of your damages.

Common Premises Liability Accidents in Port Washington

Premises liability accidents happen in many different settings and situations. Slip and fall incidents are among the most common. These occur when someone slips on a wet floor, spilled liquid, ice, or snow that a property owner failed to clean up or warn about. Trip and fall accidents happen when someone trips over an uneven surface, broken stair, cracked sidewalk, or other property defect.

Inadequate security can also lead to premises liability claims when a property owner fails to provide reasonable security measures and someone is injured or assaulted as a result. Unsafe property conditions—such as broken railings, exposed electrical hazards, falling objects, or structural failures—create liability when they cause injury. Negligent maintenance, including poor lighting, accumulated debris, or failure to repair known problems, can also form the basis of a claim.

How We Handle Your Premises Liability Case

When you contact Parker Waichman LLP about a premises liability injury, we start with a thorough consultation to understand what happened and evaluate your claim. We listen to your story, answer your questions, and explain your legal options without any pressure or obligation.

If we take your case, our investigation begins immediately. We gather evidence including photographs of the accident scene, maintenance records, witness statements, and any available video footage. We review the property owner’s insurance policy and prior complaints about similar hazards. This investigation is critical because strong evidence makes the difference between a successful claim and one that fails.

Once we’ve gathered evidence, we typically contact the property owner’s insurance company to begin settlement negotiations. Many premises liability cases resolve through negotiation without going to trial. We present the evidence of the owner’s negligence and the extent of your injuries to support a demand for fair compensation. We negotiate aggressively on your behalf, never accepting an offer that doesn’t adequately compensate you for your losses.

If the insurance company won’t offer fair compensation, we prepare your case for trial. This means organizing evidence, preparing you to testify, and developing a compelling presentation of your case to a jury. We have the experience and resources to take cases all the way through trial if necessary, and insurance companies know this, which strengthens our negotiating position.

Throughout the process, we keep you informed about developments in your case and explain what’s happening in language you can understand. You’re never left wondering where things stand.

Premises Liability Damages You May Recover

When you win a premises liability case, you can recover several types of damages. Economic damages include all your medical expenses—hospital bills, doctor visits, physical therapy, surgery, and any ongoing treatment your injury requires. You also recover lost wages for time you missed from work while recovering, and lost earning capacity if your injury prevents you from working at your previous level in the future.

Beyond economic damages, you can recover compensation for pain and suffering. This includes physical pain from your injury and the emotional distress that comes with a serious accident. Permanent scarring or disfigurement may be compensated as part of your pain and suffering and loss of enjoyment of life damages. You may also recover damages for permanent disability if your injury leaves you with lasting limitations.

The total value of your claim depends on factors including the severity of your injury, the extent of your medical treatment, how long your recovery takes, whether you have permanent effects, and how much your injury impacts your daily life and ability to work. In the $4.5 million trip and fall case we mentioned earlier, the client’s multiple fractures and need for several surgeries justified that substantial recovery.

Frequently Asked Questions About Premises Liability

What is premises liability?

Premises liability is the legal responsibility a property owner has to maintain their property in a condition that doesn’t pose unreasonable risks of harm to people who have permission to be there. When a property owner fails to maintain safe conditions and someone is injured as a result, the owner may be liable for damages. This applies to residential properties, commercial buildings, retail stores, restaurants, and other locations where people have permission to be present.

Do I have a valid premises liability claim?

You have a valid premises liability claim if you can prove four elements. First, the property owner owed you a duty of care, which is true if you were an invited guest or customer. Second, the owner breached that duty by failing to maintain safe conditions or warn you of known hazards. Third, that breach directly caused your injury. Fourth, you suffered actual damages like medical expenses, lost wages, or pain and suffering. If you were partially at fault, you can still have a valid claim under New York’s comparative negligence rule, though your recovery would be reduced by your percentage of fault.

What is the statute of limitations for premises liability in New York?

In New York, you generally have three years from the date of your injury to file a premises liability lawsuit. This deadline is critical. If you wait longer than three years, you lose your right to sue, even if you have a strong case. There are some exceptions for minors and in cases where the injury wasn’t discovered immediately, but these are limited. The best practice is to contact an attorney as soon as possible after your injury so we can protect your rights and begin investigating your claim.

Note: If your injury occurred on municipal or government property (such as a public sidewalk or government building), shorter deadlines may apply. Contact us immediately to protect your rights.

How much is my premises liability claim worth?

The value of your claim depends on several factors, including the severity of your injury, the cost of your medical treatment, how long you’re unable to work, whether you have permanent effects, and how the injury impacts your quality of life. A minor slip and fall with a few days of treatment might be worth thousands of dollars. A serious injury requiring surgery and causing permanent disability could be worth hundreds of thousands or more. We had one case where a client’s trip and fall over a sidewalk defect resulted in multiple fractures and several surgeries, and we recovered $4.5 million. Every case is unique, and we evaluate each one based on its specific facts and circumstances.

What if I were partially at fault for my injury?

New York’s ‘pure’ comparative negligence rule protects you even if you bear some responsibility for your accident. For example, if you were distracted when you slipped, you might be found partially at fault. However, you can still recover damages. Your recovery is simply reduced by your exact percentage of fault. So if you’re found 20 percent at fault and your damages are $100,000, you would recover $80,000. Because New York uses a ‘pure’ system, you can recover damages even if you are found to be more than 50 percent at fault.

How long does a premises liability case take?

The timeline varies depending on whether your case settles or goes to trial. Many cases that settle do so within about 6 to 12 months, though more complex matters can take longer. During this time, we investigate, exchange information with the insurance company, and negotiate. If settlement discussions don’t produce a fair offer, we prepare for trial, which can take additional months. A case that goes to trial might take 2 to 3 years or longer from the date of injury to final resolution. Timelines vary based on injury severity, liability disputes, medical treatment completion, and court scheduling.

Will my case go to trial?

Most premises liability cases settle before trial. Insurance companies know that juries often award substantial damages in premises liability cases, especially when the property owner’s negligence is clear and the injury is serious. This gives us leverage in settlement negotiations. However, we’re always prepared to take a case to trial if the insurance company won’t offer fair compensation. Our trial experience and willingness to litigate give us credibility in negotiations and ensure that your case receives the attention it deserves.

Contact Parker Waichman LLP for Your Free Consultation

If you’ve been injured on someone else’s property in Port Washington, don’t wait to get legal help. The statute of limitations gives you only three years to file a lawsuit, and evidence can disappear as time passes. Call (516) 466-6500 today to schedule your free consultation with Parker Waichman LLP.

During your consultation, we’ll listen to what happened, answer your questions, and explain your legal options. There’s no obligation, and you won’t pay anything unless we win your case. Our Port Washington office is conveniently located to serve you, and we’re ready to fight for the compensation you deserve.