Premises Liability.
Premises Liability in New York
Holding Negligent Property Owners Accountable Across NYC
Every property owner in New York has a legal obligation to maintain their property in a reasonably safe condition. When they fail to meet this duty and someone is injured as a result, they may be held legally responsible under the state’s premises liability laws.
At Krentsel Guzman Herbert, LLP, we represent individuals throughout New York City and beyond who have been seriously injured due to unsafe property conditions. Our attorneys fight to recover full compensation for medical expenses, lost wages, pain and suffering, and other damages caused by negligence.
What Is Premises Liability in New York?
Premises liability refers to the legal responsibility that property owners and occupiers have to maintain safe conditions on their property. This legal responsibility is called a duty of care. To file a claim, it is necessary to prove that a duty of care existed, that the property owner breached that duty, and that an injury occurred.
This applies to both residential and commercial spaces, including:
- Apartment complexes
- Grocery stores and retail establishments
- Office buildings
- Sidewalks and public walkways
- Parking lots and garages
- Hotels, schools, and other public facilities
Common premises liability claims include:
- Slip and fall or trip and fall accidents
- Injuries caused by falling objects or debris
- Unsafe staircases, elevators, or escalators
- Inadequate lighting or broken handrails
- Lack of security resulting in assault or injury
- Exposure to toxic substances or unsafe materials
Complex state statutes and local laws determine premises liability. Our team of experienced attorneys can help evaluate whether you have a premises liability case.
What You Must Prove in a New York Premises Liability Case
To succeed in a premises liability claim in New York, the injured party must typically prove:
- A dangerous condition existed on the property
- The owner or occupier knew or should have known about it
- They failed to correct the condition or warn about it
- This failure caused your injury
- You suffered damages as a result
Unlike some states, New York does not require the injured party to have been formally invited onto the property. Instead, courts focus on the reasonableness of the property owner’s actions under the circumstances.
Why Choose Krentsel Guzman Herbert, LLP?
Our attorneys have decades of experience representing clients in complex premises liability cases throughout New York. We understand how to uncover building code violations, establish notice and negligence, and build a strong case for compensation.
Our team works with safety experts, medical professionals, and investigators to document the full scope of your injuries and demonstrate how the property owner failed to meet their legal obligations.
We have helped clients recover compensation in a wide range of premises liability claims, including falls on icy sidewalks, elevator injuries, and unsafe conditions in public housing or private buildings.
Time Limits and Next Steps
In most cases, the statute of limitations for premises liability claims in New York is three years from the date of the injury. However, if the property is owned by a city, county, or public entity (such as NYCHA), you may need to file a Notice of Claim within 90 days, making it critical to act quickly.
You may be entitled to compensation if you were injured on someone else’s property. Let Krentsel Guzman Herbert, LLP help you understand your legal rights and options.
Call us today or complete our online form to schedule a free consultation.
