Property owners and managers in New York must maintain their premises in a reasonably safe condition. When they fail to do so—and injury occurs—the law may permit the injured party to seek recovery for medical expenses, lost income, pain and suffering, and related damages.
These claims often turn on whether the responsible party knew, or should have known, of a hazardous condition and failed to correct it or provide adequate warning. Liability depends on the nature of the condition, notice, and the circumstances of the incident.
Types of Claims
Slip, Trip & Fall Injuries
Slip, trip, and fall accidents are among the most common premises liability claims in New York. These incidents frequently involve:
- Wet or slippery floors
- Uneven pavement or flooring
- Poor lighting in stairwells or hallways
- Snow, ice, or debris left untreated
- Broken steps or missing handrails
Even minor hazards can result in serious injuries, including fractures, head trauma, and spinal damage. We evaluate whether property owners complied with their inspection and maintenance obligations under New York law.
Dangerous or Defective Property Conditions
Property owners may be liable for injuries caused by unsafe or defective conditions on their premises. When appropriate, we work with qualified experts to identify violations and establish negligence.
These cases may involve:
- Structural defects or building code violations
- Falling objects or unsecured fixtures
- Malfunctioning elevators or escalators
- Exposed wiring or hazardous materials
- Poorly maintained common areas
Negligent Security & Assault-Related Claims
In certain circumstances, property owners may be responsible for injuries caused by criminal acts when inadequate security contributed to the harm. These claims require careful analysis of foreseeability, prior incidents, and the security measures in place.
Negligent security cases may involve:
- Assaults in apartment buildings, parking garages, or commercial properties
- Inadequate lighting or nonfunctioning security systems
- Lack of security personnel in known high-risk areas
- Failure to address prior criminal activity on the premises
Proving a Premises Liability Claim
To establish liability under New York law, it is generally necessary to show that:
- A dangerous condition existed on the property
- The owner or manager knew or should have known of the condition
- Reasonable steps were not taken to correct or warn of the hazard
- The condition directly caused the injury
Why Experienced Representation Matters
- Premises liability matters frequently involve commercial insurers, property managers, and experienced defense counsel. Early involvement of an attorney is essential to preserve surveillance footage, incident reports, and maintenance records, identify responsible parties, and prevent missteps that could affect a claim.