Content reviewed by:
Alex Shulman
Property owners in New York have a legal duty to keep their premises reasonably safe for people who enter. When they fail to meet that obligation, and someone gets hurt, the injured person may have grounds for a premises liability claim.
A premises liability lawyer in Yonkers can help you determine whether the property owner is responsible and pursue the compensation you may be owed. At Shulman & Hill Injury Lawyers, we’ve helped 26,000+ clients recover after accidents across New York, and we know how to hold negligent property owners accountable.
Property owners and their insurers rarely admit fault easily. Building a strong premises liability claim takes documentation, legal knowledge, and persistence. Reach out to our personal injury lawyer in Yonkers today for a free case review.
What Property Owners Are Required to Do Under New York Law
New York law requires property owners to maintain reasonably safe conditions and to warn visitors of known hazards that are not obvious. This duty applies to a wide range of property types, including apartment buildings, retail stores, restaurants, office buildings, parking garages, and private homes.
The standard of care a property owner owes depends in part on the status of the person who was injured. Invited guests and customers receive the highest level of protection under the law. The property owner must actively inspect for hazards, correct dangerous conditions within a reasonable time, and post adequate warnings where necessary.
When a property owner knew about a dangerous condition, or should have known about it through reasonable inspection, and failed to act, that is the foundation of a premises liability claim.
Common Types of Premises Liability Cases We Handle
Premises liability is a broad category of law that covers many different types of accidents. The cases we handle most frequently in and around Yonkers include:
- Slip and fall accidents caused by wet floors, icy walkways, or uneven surfaces
- Trip and fall accidents from broken pavement, damaged flooring, or unmarked hazards
- Elevator and escalator accidents in residential and commercial buildings
- Staircase accidents resulting from broken steps, missing handrails, or poor lighting
- Inadequate security incidents where a lack of proper measures led to an assault or robbery
- Swimming pool accidents on private or commercial property
Each type of case involves different evidence, different liable parties, and different legal standards. We evaluate the specific facts of your accident to build the right approach.
How We Prove a Premises Liability Claim
Winning a premises liability case requires proving more than just that you were hurt on someone’s property. You must show that the property owner knew or should have known about the hazardous condition and failed to fix it or warn you within a reasonable time. This is where strong evidence makes the difference.
We work to gather maintenance logs, inspection records, prior incident reports, and any surveillance footage that may show how long a dangerous condition existed before the accident. Witness statements from employees, other visitors, or neighbors who were aware of the problem can also be critical.
The sooner this evidence is secured, the better. Businesses often overwrite camera footage within days and may not retain maintenance records indefinitely.
The Role of Notice in Your Case
One of the central legal issues in any premises liability claim is notice. Did the property owner know about the hazard before your accident? If they created the condition themselves, that question is answered. If the hazard developed over time, we have to show the owner had enough opportunity to discover and fix it.
Courts look at how long the dangerous condition existed before the accident. A spill that happened two minutes before you fell is treated very differently from one that had been sitting for hours.
Factors like prior complaints, a pattern of similar incidents, or skipped inspection routines all speak to the notice question. We dig into the property’s history to find what we need.
Shared Fault and How It Affects Your Recovery
New York follows a pure comparative negligence rule, which means your compensation is reduced by your percentage of fault, but you can still recover even if you are partially responsible for the accident. If a court finds you were 20% at fault, your recovery is reduced by 20%.
Property owners and their insurers almost always try to assign some fault to the injured person. They may argue you were distracted, wearing inappropriate footwear, or failed to notice an obvious hazard. We anticipate these arguments and build the evidence needed to counter them. Protecting your share of the recovery is part of what we do.
What Compensation May Be Available
If your premises liability claim is successful, you may be able to recover compensation for a range of losses. These include:
- Medical expenses for emergency care, surgery, physical therapy, and future treatment
- Lost income if your injuries kept you out of work during recovery
- Reduced earning capacity if your injuries have lasting effects on your ability to work
- Pain and suffering, including physical discomfort and emotional distress
- Any out-of-pocket costs directly tied to your accident and recovery
The value of your claim depends on the severity of your injuries, the strength of the evidence, and the extent to which the property owner’s negligence contributed to what happened. Our premises liability lawyers in Yonkers will evaluate every available category when building your case to help you get the most money possible.
What to Do After a Premises Accident in Yonkers
The steps you take immediately after a premises accident can affect your ability to recover. If you are physically able, report the incident to the property owner or manager and ask for a written incident report. Get the names and contact information of any witnesses. Photograph the hazard, the area around it, and any visible injuries.
Seek medical care promptly, even if your injuries seem minor at first. Symptoms from some injuries, particularly head and back injuries, may not become fully apparent until hours or days later. A medical record created close to the time of the accident is one of the most important pieces of documentation in your case.
Why Shulman & Hill Injury Lawyers
Shulman & Hill Injury Lawyers was founded in 2013 and has recovered $1 billion+ for clients across New York. Our attorneys bring 200+ years of combined legal experience to premises liability and personal injury cases. Our in-house investigation team works to preserve evidence and build your case from the ground up.
Our firm works on contingency, which means no fees unless we win. We serve clients across all five boroughs and the greater New York area, including Yonkers.
Talk to a Premises Liability Lawyer in Yonkers Today
If you were hurt on someone else’s property in Yonkers, you may have a valid claim against the owner. A premises liability attorney in Yonkers at Shulman & Hill Injury Lawyers is ready to review your case.
Contact us today for a free consultation and find out what your options are.