When you move through New York City, whether you’re commuting through Grand Central Terminal, shopping in SoHo, or visiting a friend’s apartment in Queens, you expect the property to be reasonably safe. Property owners have a legal responsibility to maintain their premises and address hazards that could cause harm. When they fail to do so, and someone gets hurt, the law provides a way to hold them accountable.
If you were injured because of a dangerous condition on someone else's property, a New York City premises liability lawyer can help you understand your rights and options for seeking justice.
At Greenberg Gross LLP, we represent clients in their most significant matters. We understand that a serious injury can affect every part of your life, from your finances to your future. Our trial lawyers are dedicated to advocating for people who have been harmed by the carelessness of others, and we bring our full resources to every case we handle.
Why Choose Greenberg Gross LLP for Your NYC Premises Liability Case?
For over a decade, Greenberg Gross LLP has been the litigation firm of choice for clients in high-stakes cases. Our firm was founded by former partners of a large global firm who wanted to create a team that could perform at the highest level with a strong sense of mission. Today, with offices in three states, including New York, we have a reputation for achieving extraordinary results for our clients. Our history of success in the courtroom often encourages opponents to resolve cases favorably before a trial ever begins.
We believe in a client-focused approach, combining sophisticated legal strategies with genuine care for the people we represent. Our team is committed to:
- Thorough Investigation: We dig deep to uncover the facts of your case, gathering the evidence needed to build a strong claim.
- Strategic Advocacy: We develop a legal strategy tailored to your specific situation and goals.
- Tenacious Representation: We are prepared to stand up to large property owners, management companies, and their insurance carriers, whether at the negotiating table or in court.
Our firm is built on the principle that great trial lawyers can and should answer the call to serve others in diverse ways. We are here to answer that call for you.
Understanding Premises Liability in New York City
Premises liability is the area of law that holds property owners and managers responsible for injuries that happen on their property. At its core is a concept called "duty of care." This is a legal obligation for a property owner to use reasonable care to keep their property in a safe condition for visitors.
When an owner fails in this duty, it’s considered negligence. Negligence simply means not acting with the same level of care that a reasonably prudent person would have used in a similar situation. For example, a reasonable store owner would clean up a spill promptly or put up a "wet floor" sign to warn customers. Failing to do so could be considered a breach of their duty of care.
Under New York law, this duty generally applies to anyone lawfully on the property, from a customer in a store to a guest in a home. The key question is whether the owner knew, or should have known, about a dangerous condition and failed to take reasonable steps to fix it or warn others about it.
Common Types of Premises Liability Cases in NYC
The fast-paced, vertical environment of New York City creates unique settings where premises liability incidents can occur. From historic walk-ups to modern skyscrapers, every property presents potential hazards if not properly maintained.
Slip and Fall or Trip and Fall Accidents
These are among the most frequent premises liability claims. A simple hazard can lead to significant injuries, including broken bones, head trauma, or spinal cord damage. Common causes in the city include:
- Wet or slippery floors in grocery stores, lobbies, or restaurants without proper warning signs.
- Icy or snowy sidewalks that a property owner failed to clear in a timely manner.
- Cracked or uneven pavement on private walkways or in parking lots.
- Poorly lit stairwells in apartment buildings or offices.
- Torn carpeting, loose floorboards, or cluttered aisles that create tripping hazards.
Property owners have a responsibility to regularly inspect their premises for these types of dangers and address them.
Negligent Security Incidents
Property owners in certain locations have a duty to provide reasonable security measures to protect people from foreseeable criminal acts. When they fail to do so, and someone is assaulted, robbed, or otherwise harmed, it may be a case of negligent security. This is particularly relevant in places like:
- Apartment buildings with broken front door locks or non-functioning intercom systems.
- Parking garages or subway station entrances with poor lighting.
- Hotels or event venues without adequate security staff for the size of the crowd.
- ATMs or commercial areas known for criminal activity that lack cameras or other security features.
Holding a property owner accountable for a security failure can be an important step in preventing similar incidents from happening to others.
Building Code Violations and Structural Defects
New York City has a comprehensive set of regulations designed to keep its millions of buildings safe. The New York City Building Code sets standards for everything from handrail height to fire safety systems. When a property owner violates these codes, and someone is injured as a result, it can be strong evidence of negligence. Examples include:
- Broken or missing handrails on staircases.
- Elevator or escalator malfunctions due to improper maintenance.
- Ceiling collapses from unaddressed water leaks.
- Fires caused by faulty electrical wiring that doesn't meet code.
- Porch or balcony collapses due to structural decay.
These incidents often point to a long-term failure of maintenance and a disregard for resident and visitor safety.
What Do You Need to Prove in a New York Premises Liability Claim?
To succeed in a premises liability case, you and your attorney must demonstrate that several key elements are more likely true than not. This is known as the "burden of proof."
- A Duty of Care Existed: You must first show that the person or company you are filing a claim against (the defendant) was in control of the property and therefore had a legal duty to keep it safe.
- The Duty Was Breached: You must prove that the property owner was negligent. This involves showing they knew about the hazardous condition (called "actual notice") or that the condition existed for so long they should have discovered it (called "constructive notice") and failed to remedy it.
- Causation: It’s essential to connect the owner’s negligence directly to your injury. In other words, you have to show that your injury would not have occurred if not for the dangerous condition on the property.
- Damages: Finally, you must demonstrate that you suffered actual harm as a result of the injury. This includes physical, emotional, and financial losses.
Establishing all four of these elements is critical for holding a negligent property owner accountable for the harm they have caused.
The Role of a New York City Premises Liability Attorney
Pursuing a premises liability claim can be a complicated process. A dedicated lawyer can handle the legal challenges for you, working to protect your rights and build the strongest possible case.
A lawyer from Greenberg Gross LLP can assist by:
- Conducting a Full Investigation: We gather all available evidence, which might include photographs of the scene, incident reports, video surveillance footage, and witness statements.
- Identifying Liable Parties: In some cases, more than one party may be responsible. It could be the property owner, a property management company, a maintenance contractor, or a commercial tenant. We work to identify all who share responsibility.
- Hiring Necessary Consultants: We may work with engineers to analyze structural failures or security consultants to assess the adequacy of safety measures.
- Calculating Your Damages: We help you document the full extent of your losses, including future medical needs and the long-term impact on your ability to work and enjoy life.
- Managing Communications: Our team will handle all communications and negotiations with insurance companies, whose goal is often to pay out as little as possible.
With a trial-tested team on your side, you can feel confident that your case is being advanced effectively while you concentrate on healing.
Compensation Available in a Premises Liability Case
If you were injured due to a property owner’s negligence, you may be able to seek compensation for the various ways the injury has affected your life. This compensation, legally referred to as "damages," is intended to help restore you to the position you were in before the incident occurred.
Economic Damages
These are the measurable financial losses you have incurred because of your injury. They are documented with bills, receipts, and employment records. Economic damages often include:
- All related medical expenses, from the initial emergency room visit to ongoing physical therapy.
- Projected costs for any future medical care, surgeries, or assistive devices.
- Lost wages from the time you were unable to work.
- Loss of future earning capacity if the injury prevents you from returning to your previous job or working at all.
Non-Economic Damages
These damages are meant to compensate you for the intangible, personal losses that don’t have a specific price tag but are just as real. They acknowledge the human cost of an injury. Non-economic damages can include:
- Pain and suffering (both physical and mental).
- Emotional distress and anxiety.
- Loss of enjoyment of life.
- Permanent disability or disfigurement.
An experienced attorney can help you present a clear and compelling picture of how the injury has impacted your overall well-being.
New York's Statute of Limitations for Premises Liability
It’s important to know that there is a time limit for filing a personal injury lawsuit in New York. This deadline is called the statute of limitations. For most premises liability cases, you must file a lawsuit within three years of the date of the injury.
If you miss this deadline, you will likely lose your right to seek compensation through the court system forever. Furthermore, if your injury occurred on property owned by a government entity—such as the City of New York, the MTA, or a public school—the rules are much stricter. You may have as little as 90 days to file a formal "notice of claim" before you can even proceed with a lawsuit. Acting promptly helps preserve your legal rights.
What to Do After an Injury on Someone Else's Property
Once you have received immediate medical attention, there are a few steps you can take to help document what happened. The information you gather can be very useful if you decide to pursue a legal claim.
- Write It All Down: As soon as you are able, write down every detail you can remember about the incident. Include the date, time, location, what you were doing, how the injury occurred, and who was present. Memories can fade, so a written record is invaluable.
- Keep All Paperwork: Create a file for all documents related to the incident. This includes medical records, bills from doctors and hospitals, receipts for prescriptions or medical equipment, and any correspondence from an insurance company.
- Preserve the Evidence: Keep the shoes and clothing you were wearing at the time of the incident in a safe place. Do not wash them. They may contain evidence that helps show what caused you to fall or get injured.
- Be Cautious on Social Media: It is best to avoid posting any information or photos about your injury or the incident online. Insurance companies often look at social media profiles to find information they can use to challenge a claim.
Taking these organizational steps can provide a strong foundation for your case and support your lawyer’s efforts to advocate on your behalf.
NYC Premises Liability FAQs
Here are answers to some common questions about premises liability claims in New York.
What if the property owner says I was at fault for my injury?
New York follows a "pure comparative negligence" rule. This means that even if you are found to be partially at fault for your injury (for example, if you were looking at your phone when you tripped), you can still recover damages. However, the amount of compensation you receive will be reduced by your percentage of fault.
Can I file a claim if I was trespassing on the property when I was injured?
Generally, property owners do not owe a duty to keep their property safe for trespassers. However, there are important exceptions. Owners cannot willfully or wantonly injure a trespasser, and they have a special obligation to protect children from "attractive nuisances," which are dangerous conditions that might draw a child's curiosity, like an unfenced swimming pool.
What if I was injured on public property, like a city sidewalk or in a park?
You can bring a claim against a government entity, but the process is different and has much shorter deadlines. You typically must file a Notice of Claim within 90 days of the incident. These cases involve a specific set of laws, and it is highly recommended to speak with a lawyer familiar with claims against municipal bodies.
How much does it cost to hire a New York City premises liability lawyer?
Most personal injury law firms, including Greenberg Gross LLP, handle premises liability cases on a contingency fee basis. This means you do not pay any attorney's fees unless and until we recover compensation for you. The fee is a percentage of the final settlement or award, which allows you to pursue justice without paying for legal services out of pocket.
What if the dangerous condition was temporary, like a spilled drink in a store?
For temporary hazards, you must show that the property owner had "notice" of the condition. This can be "actual notice," where an employee saw the spill or created it, or "constructive notice," meaning the spill was there long enough that a reasonably attentive employee should have discovered and cleaned it up before your injury occurred.
Contact the NYC Premises Liability Lawyers at Greenberg Gross LLP
If you or a loved one has been injured on someone else's property in New York City, you do not have to figure out the legal process on your own. At Greenberg Gross LLP, our mission is to help clients in their most significant matters. We are ready to listen to your story, explain your legal options, and discuss how we can help you seek accountability and the resources you need for your recovery.
Contact us today for a free, no-obligation consultation to learn more.