by Andrew Weitz

Premises Liability in NYC: When Property Owners Are Liable for Your Injuries

Were you hurt in a slip and fall on a wet grocery store floor or tripped over broken apartment stairs? It may be someone else’s fault, not simply “bad luck.” Every year, New Yorkers suffer preventable injuries due to property owners’ failure to maintain their premises. The result: Victims face steep medical bills, lost wages, and a painful recovery.

However, NYC premises liability laws are here to protect you and place the financial burden on those responsible for your accident and injury. Whether your trip and fall accident in NYC happened at a commercial business, apartment building, or city sidewalk, you have powerful legal rights.

What Is NYC Premises Liability?

When you’re injured on someone else’s property, such as a slip and fall accident in NYC, you could have a so-called “premises liability claim.” But what is premises liability, exactly?

Premises liability is a legal concept that holds a property owner accountable when you’re injured due to an unsafe or defective condition on their property. In essence, New York law establishes that those who own or control property are legally obligated to maintain reasonably safe conditions for visitors.

Examples of NYC Premises Liability Claims

In New York, premises liability can arise in many situations where negligent property maintenance leads to injury. Examples of premises liability include but aren’t limited to:

Slips and Falls. Slips and trip and fall accidents in NYC can be caused by hazardous conditions such as wet floors in grocery stores, items cluttering floors in retail stores, and loose floorboards in apartment buildings.
Snow and Ice Accidents. Uncleared ice on apartment building steps, snow-covered walkways to business entrances, or black ice in parking lots can lead to severe injuries.
Poor Lighting Conditions. Owners of apartment buildings, restaurants, retail stores, and other premises must ensure proper lighting. Dimly lit parking garages or dark stairwells can lead to falls and even entice criminal activity.
Lack of Security. Lack of security can encompass a range of failures to keep visitors safe. Examples are apartment buildings with broken locks leading to theft and assaults, parking garages without proper surveillance, or nightclubs without adequate security staff.

New York’s premises liability law applies to all property types, including commercial businesses, residential buildings, government offices, and even private homes.

NYC Premises Liability: Your Rights Explained

If you’re the victim of a slip and fall accident in NYC, and a property owner is responsible, you have the right to seek compensation. However, NYC premises liability laws are complex. For example, property owners owe different levels of care depending on whether the visitors are invitees (customers and patrons), licensees (social guests), or trespassers.

Property owners and lessees must provide the highest duty of care to invitees. However, in New York, even trespassers are owed basic care against willful harm, such as assault.

Establishing Property Owner Liability

To establish a valid premises liability claim in New York, you must prove the following critical elements:

The property owner knew or should have known about the dangerous condition.
They had adequate time to fix or warn about the hazard but failed to do so.
The property owner’s negligence caused your injury.

AND

You suffered damages, such as injuries and medical bills.

It’s important to note that New York follows comparative negligence rules. This means if you have some responsibility for your accident, your compensation may be reduced by your percentage of fault.

The Time Available to File a Premises Liability Claim

The NY statute of limitations gives you three years from the date of your injury to file a premises liability lawsuit. This deadline is strict, and waiting too long could mean losing your right to compensation, regardless of how serious your injuries are.

If you suffered harm on government property, your timeline is even shorter. You must act quickly and file a Notice of Claim within just 90 days.

What Is Your Premises Liability Injury Worth?

Every premises liability claim is unique, with no average settlement amount. The compensation you can recover depends on your specific accident, injuries, and circumstances. However, some universal factors determine the worth of a claim:

Your Injuries. More severe injuries typically result in higher compensation due to greater damages like steep medical bills, rehabilitation costs, and lost income.
Pain and Suffering. Significant injuries often entitle victims to compensation for physical pain, emotional distress, and reduced quality of life.
Liability. The property owner’s degree of negligence can impact your compensation. Your settlement amount may be higher when they are clearly at fault for failing to address known hazards.
Comparative Negligence. Your compensation may be reduced if you were partially responsible for your fall or accident.
Insurance Coverage. The property owner’s insurance policy limits can affect your settlement amount. Cases involving substantial coverage, such as commercial properties, can result in higher settlements than those with minimal insurance coverage.

Consider working with a NYC premises liability lawyer to give yourself the best chance of recovering the compensation you need and deserve. They can assess the impacts of your injuries on your home life and career and calculate your NYC slip and fall accident’s worth to pursue fair compensation.

Your Best Next Steps After a Slip and Fall in NYC

Imagine walking down a NYC street and tripping on a crack in the sidewalk. You try to dust yourself off and carry on, but realize that the pain you feel points to a fracture or another significant injury. Now what? First of all, you’ll want to protect your health and legal rights. Here’s how to go about it:

Get Medical Help

When you can’t get up and are in pain, it’s clear: you need to see a medical professional right away. However, even if you don’t feel significant pain, make sure to get checked.

Some injuries, like traumatic brain injury (TBI), back injuries, and others, may not show any symptoms until days or even weeks after a fall or accident. By seeking medical help, you’re safeguarding your health. You’ll also create a record of your injuries, which will be crucial for a compensation claim.

Gather Evidence

If you can, take photos and videos of the accident scene and your injuries. Try to capture any dangerous conditions or hazards, such as a wet floor or broken stairs that may have caused your fall. Make sure to ask witnesses for their contact details, as eyewitness statements could be invaluable for your legal claim.

Inform the Property Owner or Lessee

If you’re hurt in a trip and fall accident in NYC or another incident on someone else’s property, tell the manager or property owner immediately. If possible, file an official accident report. This creates an official record of the fall, which can be vital evidence, especially if a property owner disputes your claim.

Consult a NYC Premises Liability Lawyer

If you or a loved one suffered a significant or permanent injury on another’s property, consulting with an attorney can be crucial for protecting your rights and ensuring you’re treated fairly. Our premises liability attorneys can walk you through your legal options and help you move forward with a compensation claim.

While all these steps can help you get what you deserve, don’t forget to also take good care of yourself after getting hurt. Follow your doctor’s treatment plan and take the time you need to recover and rest.

Don’t Settle for Less

At Berkowitz & Weitz Law, P.C., we know how unfair it can feel when you’re injured through no fault of your own. Remember, NYC premises liability laws provide you with rights. And you don’t have to go it alone.

Our NYC premises liability lawyers can handle your claim, walk you through the legal process, and help you get what you need and deserve. We have helped countless injured clients get case results that helped them rebuild their lives after an injury. You don’t pay a dime unless we win and recover compensation.