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Property damage from premises liability

Experienced Premises Liability Attorneys Serving New York

When property owners fail to maintain safe conditions, innocent people get hurt. Our experienced premises liability attorneys understand the complex laws governing property safety and fight aggressively to hold negligent property owners accountable for your injuries.

What is Premises Liability?

Premises liability is a legal concept that holds property owners responsible for maintaining safe conditions on their property. When they fail to do so and someone gets injured as a result, the property owner may be liable for damages.

Duty of Care

Property owners owe visitors a duty to maintain reasonably safe conditions

Breach of Duty

Failure to address known hazards or inspect for dangerous conditions

Resulting Injury

The hazardous condition must be the direct cause of your injury

Types of Premises Liability Cases We Handle

Slip and Fall Accidents

Wet floors, uneven surfaces, poor lighting, and debris can cause serious slip and fall injuries.

  • • Wet or slippery floors
  • • Uneven sidewalks or walkways
  • • Poor lighting conditions
  • • Debris and obstacles

Structural Defects

Broken railings, defective stairs, and structural failures can cause devastating injuries.

  • • Broken or missing handrails
  • • Defective staircases
  • • Ceiling or roof collapses
  • • Balcony or deck failures

Maintenance Issues

Poor maintenance of elevators, escalators, and building systems can lead to serious accidents.

  • • Elevator malfunctions
  • • Escalator accidents
  • • Heating system failures
  • • Plumbing leaks

Inadequate Security

Property owners may be liable for injuries caused by criminal acts if security was inadequate.

  • • Assault and battery
  • • Robbery and theft
  • • Poor lighting in parking areas
  • • Broken security systems

Swimming Pool Accidents

Pool owners must maintain safe conditions and proper barriers to prevent drowning and injuries.

  • • Drowning incidents
  • • Slip and falls around pools
  • • Defective pool equipment
  • • Inadequate fencing

Fire and Explosion

Property owners must maintain proper fire safety systems and gas line maintenance.

  • • Gas line explosions
  • • Electrical fires
  • • Defective smoke detectors
  • • Blocked emergency exits

Where Premises Liability Accidents Occur

Premises liability accidents can happen anywhere there is a property owner with a duty to maintain safe conditions. Different types of properties have different standards of care.

Commercial Properties

  • • Retail stores and shopping centers
  • • Restaurants and bars
  • • Hotels and motels
  • • Office buildings
  • • Parking lots and garages
  • • Entertainment venues

Other Properties

  • • Private residences
  • • Apartment buildings
  • • Schools and universities
  • • Government buildings
  • • Parks and recreational facilities
  • • Construction sites

Your Legal Status Matters

Invitee

You were invited onto the property for the owner's benefit (customers, clients)

Highest Duty of Care

  • • Regular inspections required
  • • Warning of known dangers
  • • Repair of hazardous conditions
  • • Reasonable care to ensure safety

Licensee

You had permission to be on the property for your own benefit (social guests)

Moderate Duty of Care

  • • Warning of known hidden dangers
  • • No duty to inspect
  • • Cannot create new hazards
  • • Basic safety maintenance

Trespasser

You were on the property without permission (limited exceptions for children)

Minimal Duty of Care

  • • Cannot intentionally harm
  • • Warning of known deadly conditions
  • • Special rules for child trespassers
  • • Attractive nuisance doctrine

Proving Your Premises Liability Case

Successfully proving a premises liability case requires demonstrating that the property owner knew or should have known about the dangerous condition and failed to fix it or warn about it.

Evidence Collection

  • • Photographs of the accident scene
  • • Witness statements and contact information
  • • Incident reports and maintenance records
  • • Weather conditions and surveillance footage
  • • Medical documentation of your injuries

Expert Investigation

  • • Accident reconstruction specialists
  • • Building code and safety experts
  • • Engineering consultants
  • • Property management specialists
  • • Medical experts for injury documentation

Compensation for Your Premises Liability Injuries

Economic Damages

  • Past and future medical expenses
  • Lost wages and reduced earning capacity
  • Rehabilitation and physical therapy
  • Property damage and replacement costs
  • Home modifications for disabilities

Non-Economic Damages

  • Pain and suffering
  • Emotional distress and mental anguish
  • Loss of enjoyment of life
  • Permanent scarring and disfigurement
  • Loss of consortium and companionship

Act Quickly - Time Limits Apply

New York has strict deadlines for filing premises liability claims. Acting quickly also helps preserve crucial evidence before it disappears.

3 Years

Personal Injury Claims

Deadline to file most premises liability lawsuits in New York

90 Days

Notice to Government

Special notice requirements for claims against government entities

ASAP

Evidence Preservation

Video footage, witness memories, and physical evidence deteriorate quickly