Best Premises Liability Lawyers in New York

About Premises Liability Law in New York, United States

Premises liability is a legal concept that holds property owners and occupiers responsible for accidents and injuries that occur on their property due to unsafe or hazardous conditions. In New York, premises liability law applies to private property, commercial properties, public spaces, and government properties. Common scenarios include slip and fall accidents, injuries from falling objects, defective conditions, inadequate security, and insufficient maintenance. To pursue a premises liability claim in New York, an injured person must typically prove that the property owner knew or should have known about the dangerous condition and failed to address it in a reasonable amount of time.

Why You May Need a Lawyer

Premises liability cases in New York can be complex and require a thorough understanding of state and local laws, as well as the ability to gather evidence and negotiate with insurance companies. You may need a lawyer in situations such as:

• You sustained injuries on someone else's property, including slip and falls in stores, apartment complexes, or public sidewalks.
• Your child was hurt at a playground or school due to unsafe conditions.
• You were assaulted due to poor lighting or lack of security in a parking lot or building.
• The property owner disputes your claim or refuses to cooperate with your request for compensation.
• Your injuries require significant medical care, leading to time off work or long-term limitations.
• The insurance company denies your claim or offers a settlement that does not cover your costs.
• There is disagreement over who is responsible for the accident, especially in cases involving multiple parties, such as property managers, tenants, or contractors.

Local Laws Overview

New York premises liability law generally follows the principle that property owners owe a duty of care to people who legally enter their premises. This duty includes regular maintenance, timely repairs, and adequate warnings of potential dangers. Key aspects include:

• Comparative Negligence: New York follows a pure comparative negligence rule. This means that if you are partially at fault for your injury, your compensation may be reduced by your percentage of fault but you can still recover damages even if you were more than 50 percent at fault.
• Statute of Limitations: Generally, a victim has three years from the date of the injury to file a premises liability lawsuit in civil court. Certain exceptions or shorter time frames may apply, such as claims against a municipality.
• Notice Requirement: You must prove that the property owner either knew or should have known about the dangerous condition and failed to fix it in a reasonable time. If the condition was "open and obvious," recovery may be reduced or barred.
• Municipal Liability: If the property is owned by a city or municipality, you typically must file a Notice of Claim within 90 days of the accident before bringing a lawsuit.
• Duties to Trespassers: In general, owners have a lower duty of care to trespassers but are prohibited from willfully causing harm or creating traps.

Frequently Asked Questions

What is premises liability?

Premises liability refers to the legal responsibility of property owners or occupiers to keep their property reasonably safe and to protect visitors from harm caused by hazardous conditions.

What do I need to prove in a premises liability case in New York?

You must usually prove that a dangerous condition existed, the property owner knew or should have known about it, and that their failure to correct it caused your injuries.

How long do I have to file a claim?

In most cases, you have three years from the date of the incident to file a lawsuit. For claims against government entities, you may need to file a Notice of Claim within 90 days.

What types of accidents are covered under premises liability?

Common accidents include slips, trips and falls, falling objects, defective staircases, elevator accidents, inadequate security, and hazards such as ice, snow, or poor lighting.

Can I recover compensation if I was partially at fault?

Yes. New York uses a pure comparative negligence system, so you can recover damages even if you share some responsibility, though your compensation will be reduced by your percentage of fault.

Does premises liability apply to trespassers?

Generally, property owners owe a lower duty of care to trespassers, but they still cannot deliberately harm them or create dangerous traps.

What compensation can I recover in a premises liability case?

You may recover compensation for medical bills, lost wages, pain and suffering, disability, loss of enjoyment of life, and sometimes punitive damages in cases of extreme negligence.

What should I do after an injury on someone else's property?

Seek medical attention, report the accident to the property owner or manager, gather evidence such as photos or witness contacts, and consult with a qualified attorney as soon as possible.

Do I need a lawyer for a premises liability claim?

While not legally required, an experienced lawyer can help you navigate complex laws, gather evidence, handle negotiations, and maximize your recovery.

How are premises liability cases typically resolved?

Many cases are settled out of court through negotiations with the property owner's insurance company, but some go to trial if a fair settlement cannot be reached.

Additional Resources

For more information and assistance with premises liability issues in New York, consider the following organizations and agencies:

• New York State Bar Association - for lawyer referrals and consumer legal information
• New York City Law Department - for claims involving city property
• Local county or city Department of Buildings - for code violations and property maintenance issues
• New York Department of State - Division of Consumer Protection
• Local courts or small claims court for minor injury claims and disputes

Next Steps

If you have been injured due to unsafe conditions on someone else's property in New York, take the following steps:

• Document the accident site and your injuries with photos and notes as soon as possible.
• Report the incident to the property owner or manager and seek a copy of any written report.
• Get prompt medical attention and keep all medical records and bills.
• Contact a qualified premises liability attorney who is familiar with New York laws to assess your case and explain your rights.
• Do not sign any waivers or accept a settlement before speaking with legal counsel.
• Follow your attorney's guidance on preserving evidence, dealing with insurance adjusters, and pursuing compensation.

Understanding your rights and responsibilities under New York premises liability law can help ensure you take proper action to protect your interests and pursue fair compensation for your injuries.