New York Premises Liability Attorney

Finkelstein & Partners, LLP
1279 NY-300
Newburgh, NY, 12550

(845) 420-1779


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Finkelstein & Partners, LLP – Winning Serious Injury Lawsuits Since 1959

Property owners in New York have a legal responsibility to keep their premises reasonably safe for visitors. When they fail to meet that duty, and someone gets hurt as a result, the injured person may have the right to seek compensation. Whether it happened at a grocery store, a private residence, or an apartment building, a premises liability claim can help you recover damages for medical bills, lost income, and other losses.

At Finkelstein & Partners, we work with injured New Yorkers who have been hurt on someone else’s property. If you were hurt due to a dangerous condition that the property owner knew about or should have known about, we are here to help you understand your options. This page covers how New York premises liability law works, what types of claims arise most often, and what you will need to show to pursue a claim.

What Is Premises Liability in New York

New York premises liability law holds property owners and occupiers responsible when their negligence creates unsafe conditions that injure visitors. The legal foundation comes from both common law principles and New York’s general obligation to maintain safe property. Understanding the basics can help you recognize whether your situation warrants a legal claim.

The Duty of Care Property Owners Owe

In New York, property owners owe a duty of reasonable care to anyone lawfully on their property. This includes customers, tenants, guests, and in some situations, even people who were not formally invited. The level of care required depends on the circumstances, but owners are generally expected to inspect their property, find hazards, and fix them or provide adequate warning.

How Negligence Connects to Your Injury

Premises liability claims are built on negligence, meaning the property owner failed to act as a reasonably careful person would under the same circumstances. To have a viable claim, the dangerous condition must have caused your injury, not just been present on the property. Proving that connection between the owner’s failure and your harm is central to any premises liability case in New York.

Actual vs. Constructive Notice

One of the most important legal concepts in New York premises liability cases is “notice.” A property owner is responsible when they actually knew about a hazard or when the hazard existed long enough that they should have discovered it through reasonable inspection. This is called constructive notice, and it comes up frequently in slip and fall cases involving wet floors or deteriorated walkways.

Common Types of Premises Liability Claims

Premises liability covers a wide range of accidents and injuries. While every situation is different, certain types of claims come up regularly in New York, and each carries its own considerations under state law.

Slip and Fall Accidents

Slip and fall accidents are among the most common premises liability claims filed in New York. They often occur in retail stores, parking lots, apartment buildings, and public spaces where spills, ice, or uneven surfaces create a fall risk. New York law requires that property owners take reasonable steps to address these hazards in a timely manner, and when they do not, injured visitors may have a valid claim.

Inadequate Security

Property owners in New York can be held liable when a foreseeable criminal act occurs due to insufficient security measures. This type of claim, sometimes called negligent security, arises in settings like parking garages, hotels, and apartment complexes where security failures lead to assaults or robberies. If the property owner had reason to know criminal activity was a risk and failed to take reasonable precautions, they may bear responsibility for the resulting injuries.

Defective Conditions in the Building

Structural hazards, broken stairways, faulty railings, and defective flooring are all examples of dangerous building conditions that can give rise to a premises liability claim. Landlords and property managers in New York are expected to keep their buildings up to code and address known repair needs. When they ignore maintenance issues, and someone is injured as a result, that failure can form the basis of a legal claim.

What You Need to Prove in a Premises Liability Case

Winning a premises liability case in New York requires more than showing that you were injured on someone else’s property. You and your attorney must build a clear factual record that supports each legal element of your claim.

Establishing the Owner’s Duty

The first step is showing that the property owner owed you a duty of care. In most cases involving lawful visitors, this element is straightforward to establish. The key question is whether you had permission, express or implied, to be on the property at the time of your injury, since that largely determines the scope of duty the owner owed you.

Proving a Breach of that Duty

Once duty is established, you must show the owner breached it by failing to address a known or discoverable hazard. Evidence like maintenance records, prior incident reports, and surveillance footage can all support this element. A premises liability attorney in New York will often work with investigators and experts to document the condition of the property and how long the hazard existed.

Showing Causation and Damages

Finally, you must connect the owner’s breach directly to your injury and show that you suffered real, documented losses as a result. Medical records, treatment histories, and employment records are all key pieces of evidence here. New York uses a comparative fault rule, meaning your compensation may be reduced if you were partly responsible, but you can still recover even if you share some of the blame.

Frequently Asked Questions Our Law Firm Receives About Premises Liability in New York

The questions below address some of the most common concerns we hear from people considering a premises liability claim. Every case is different, and speaking with an attorney is the best way to understand how these general principles apply to your specific situation.

In most New York premises liability cases, the statute of limitations gives you three years from the date of your injury to file a lawsuit. Claims against government-owned property follow a much shorter timeline, often requiring a notice of claim within 90 days. Missing these deadlines can permanently bar your right to seek compensation.

New York follows a pure comparative fault rule, which means you can recover compensation even if you were partially responsible for your injury. Your total recovery will be reduced in proportion to your percentage of fault. For example, if you were found 20 percent at fault, your damages would be reduced by 20 percent.

Landlords can be held liable for suffered injuries that occur in common areas or result from conditions they were responsible for maintaining. If a hazard existed in a shared hallway, stairwell, or parking area and the landlord failed to address it, they may be liable. Tenants may also have responsibility for areas within their exclusive control.

Photograph the hazard and the surrounding area as soon as possible, and get contact information for any witnesses. Report the incident to the property owner or manager and request a copy of any incident report they create. Keep records of all medical treatment, out-of-pocket expenses, and any communication with the property owner or their insurance company.

Yes, social guests are considered lawful visitors in New York, and homeowners owe them a duty of reasonable care. Homeowner’s insurance often covers these types of claims, which means a lawsuit does not always have to be filed against a friend personally. A premises liability attorney can help you understand how to pursue compensation without unnecessarily straining personal relationships.

Depending on the facts of your case, recoverable damages may include medical expenses, future treatment costs, lost wages, and compensation for pain and suffering. Property damage is also recoverable when applicable. New York law does not cap compensatory damages in most personal injury cases, so the amount you may recover depends on the specific losses you can document.

 

Our New York Premises Liability Lawyers Represent Clients Just Like You

If you were injured on someone else’s property in New York, you may have the right to seek compensation for your losses. Finkelstein & Partners handles premises liability claims throughout the state, and we are ready to review the facts of your situation. Contact us today to speak with a New York premises liability attorney about your case.