Content reviewed by:
Alex Shulman
When a property owner’s negligence causes someone to suffer injuries, New York law allows them to hold that owner accountable and seek compensation for their medical bills, income losses, pain and suffering, and more. However, recovering money damages in these cases may not be easy on your own. Working with a lawyer well-versed in NYC premises liability law can help.
A Shulman & Hill premises liability attorney in New York City may be able to help you better understand your case and legal options. We offer free case consultations for victims and their loved ones. Contact our New York City office today.
What Is Premises Liability in New York?
Premises liability cases occur when a guest, customer, or another party suffers injuries because of the property owner or occupier’s negligence. These cases can be difficult to prove without help from a knowledgeable New York City premises liability attorney who can help you prove the elements of the case and pursue fair compensation.
According to the New York Bar Association, New York case law recognizes that property owners or lessees must ensure their property is safe and free from any “unreasonable and foreseeable” hazards. This includes providing property oversight, maintenance, and repairs when necessary. The ruling in Basso v. Miller, 40 N.Y.2d 233 (1976) established that property owners may be liable for any injuries that occur due to their negligence.
Premises liability accidents occur in commercial and residential buildings, both indoors and outdoors, including:
- Slips and falls
- Falls due to inadequate or broken handrails
- Fire injuries
- Dog bites
- School injuries
- Inadequate security
- Sidewalk and entryway accidents
- Elevator accidents
- Construction site accidents
- Other injuries caused by inadequate maintenance or skipped repairs
How Common Are Premises Liability Injuries in New York City?
There are hazards everywhere. You could suffer any number of injuries as you go about your day in the city. Thousands of New Yorkers need emergency medical care for injuries every day. Thankfully, most heal from their injuries. However, some will suffer catastrophic, life-changing injuries or even pass away.
If you or a loved one suffered injuries, a premises liability lawyer in New York City may be able to help you prove your case and hold the property owner or legal occupier responsible. This is true on any type of property, including:
- Schools
- Stores
- Theaters and clubs
- Hotels, motels, and resorts
- Public buildings
- Parks and recreational facilities
- Apartment buildings
Some types of premises liability incidents are likely more common than you realize.
Falls
According to the New York State Department of Health, slips, trips, and falls from a height are common causes of injuries across all age groups. Statistics show:
- Falls are the top cause of death from accidents for New Yorkers over age 45
- Falls are the leading cause of injury hospitalization for adults over age 25
- Children up to age 14 are also frequently hospitalized for fall injuries
Elevator Incidents
According to a report from the NYC Department of Buildings, New York City is home to more than 70,000 elevators. Some of them will malfunction or run into other issues and cause injuries this year.
According to The National Institute for Occupational Safety and Health, elevators and escalators cause thousands of injuries—around 17,000—each year, and more than two dozen actually die. While escalators can and do play a role in fatal injuries, elevators are much more dangerous. They cause about 90 percent of these deaths and 60 percent of the injuries.
About half of the deaths each year happen to maintenance workers, installers, or others working in or near the elevator or shaft.
Fires and Fire Injuries
In 2019, fire deaths in NYC dropped by 25 percent from the previous year. Still, faulty wiring and other electrical issues, careless cooking, smoking, and burning candles or incense continue to cause significant concerns for firefighters.
According to the New York Fire Department, 66 civilians died from fire-related injuries in 2019. The top cause of fatal fires in New York City was electrical.
Assault and Negligent Security
According to the New York Police Department, there were 2,307 felony assaults reported in May 2022. In a felony assault, the victim suffers serious injuries, is a child or a senior, or the perpetrator uses a gun. Many assaults are preventable if the property has adequate lighting, security, and other measures to protect guests.
Premises Liability Claims and Lawsuits in New York City
A New York City premises liability lawyer from Shulman & Hill may be able to help you understand your case and take steps to recover compensation. Premises liability claims can be difficult to prove, but our team understands what plaintiffs must show to win these cases, including:
- The property owner or lessee caused a hazard or knew (or should have known) about an unsafe condition
- The hazard or unsafe condition played a significant role in causing the incident and their injuries
Often, when our team files an insurance claim or lawsuit to recover premises liability damages for a client, the property owner denies the allegations. We expect this and know how to counter their claims with evidence. However, you should expect the defendant to claim they were unaware of the hazard or blame the entire incident on you.
In many cases, we can negotiate a settlement before trial. We work towards an agreement about fair compensation for your injuries, but we will go to trial if we need to. When we do have to file a lawsuit, we must meet deadlines. In New York, these deadlines are typically:
- Three years for injury cases under CPLR 214(5)
- Two years for wrongful death under EPTL 5-4.1
There are exceptions to these deadlines. For example, you may have significantly less time to act if your injuries occurred in a municipal building such as a public school or on other government-operated property. However, the attorneys from our firm understand the ins and outs of New York premises liability law and can ensure you have someone on your side fighting for justice and the fairest settlement possible.
Our NYC Personal Injury Lawyers Can Fight to Protect Your Rights
An NYC premises liability attorney from Shulman & Hill may be able to go to work on your case today. Our team understands the role a prompt and thorough investigation of your claim plays in these cases. It is vital to gather evidence and begin to document what happened as soon as possible because evidence can disappear quickly. Without strong evidence to show what happened and who is legally responsible, we cannot recover your compensation.
We have a strong history of helping New Yorkers get the compensation they deserve from careless and negligent property owners. This includes more than $700 million recovered in total and several $1 million+ settlements. Our recent premises liability verdicts and settlements include:
- A $1,600,000 settlement for a bus driver who suffered injuries to her knees and left shoulder after falling on ice in a bus lot
- A $750,000 settlement for another bus driver who slipped on ice and fell in a bus lot, seriously injuring her right knee
- A full policy, $500,000 settlement for a young school employee hit by a falling fence and forced to recover from a pelvic fracture
Although these results are not a guarantee of your cases’s outcome, we will work just as hard as we did for our other clients to get you the compensation you need.
We Want to Help You Recover From your Accident
To learn more about our services, how we protect clients’ rights, and how we can help with your case, our free case reviews are available to all injured victims and their families in New York City. We can assess your legal options based on the facts of your case. There is no charge for these free initial consultations. We can discuss it on the phone, via video chat, or meet in person.
You can hire a premises liability lawyer in NYC to handle your case with no upfront costs. Our team works based on contingency. We do not charge our clients any upfront fees. Instead, our attorney’s fees come as a percentage of the total compensation we recover for the client. We do not charge clients for attorney fees if there is no financial recovery in their case.
