New York Premises Liability Lawyer | The Law Firm of Andrew M. Stengel, P.C.

Every day in New York, people are seriously injured on property that someone else owns, controls or manages. A wet floor in a grocery store. A broken staircase in an apartment building. A dark parking lot where an attacker was waiting. An icy sidewalk that a landlord neglected for days. If you were hurt in an accident like this, you may have a premises liability lawsuit — and the property owner or manager may owe you full compensation for everything you have lost.

At The Law Firm of Andrew M. Stengel, P.C., we represent injured New Yorkers in premises liability cases throughout New York City and across New York State. We know the laws that govern property owner responsibility. We know how to build a case that holds negligent owners accountable. And we fight hard to recover every dollar our clients deserve.

What Is Premises Liability in New York?

Premises liability is the area of New York personal injury law that holds property owners, landlords, businesses and other property controllers legally responsible when their negligence causes a visitor to be injured. Under New York law, anyone who owns, occupies or controls property has a duty to maintain it in a reasonably safe condition for people who are lawfully on the premises.

When that duty is breached — when a dangerous condition is allowed to exist, or when a hazard is not fixed within a reasonable time — and that breach causes someone to be injured, the property owner can be held liable in a civil lawsuit. The injured person may recover compensation for medical expenses, lost income, pain and suffering and more.

In New York, premises liability cases are governed by long-standing common law principles as well as specific statutes. For example, the New York City Administrative Code imposes direct liability on property owners for injuries caused by defective sidewalks abutting their property. Additionally, under New York’s comparative negligence framework (CPLR Article 14-A), you can still recover damages even if you were partially at fault — your recovery is simply reduced in proportion to your own share of responsibility.

Common Types of Premises Liability Cases We Handle

Premises liability covers a wide range of accident types. However, some of the most common cases our firm handles include:

Slip and Fall & Trip and Fall Accidents. Wet floors, uneven surfaces, cracked pavement, broken tiles and missing handrails cause thousands of serious injuries in New York every year. Property owners are required to repair known hazards and warn visitors of dangerous conditions. When they fail to do either, they can be held responsible for the resulting injuries.

Snow and Ice Accidents. New York winters create constant hazards. Under NYC Administrative Code § 16-123, property owners must clear snow and ice from sidewalks within four hours after a snowfall ends. A landlord or business that ignores this obligation and allows a dangerous icy surface to remain can be held liable when someone falls.

Negligent Security. Property owners in high-crime areas have an obligation to take reasonable security measures to protect visitors, tenants and guests. Hotels, apartment buildings, parking garages and retail establishments that fail to install adequate lighting, working locks or security personnel can face a premises liability lawsuit when a visitor is assaulted or robbed on their property.

Elevator and Escalator Accidents. New York City has more elevators than any other city in the world, and the NYC Department of Buildings requires regular elevator inspections and maintenance. When a building owner or management company fails to maintain an elevator or escalator properly, and someone is injured as a result, that failure gives rise to a premises liability lawsuit.

Defective Staircase and Hallway Injuries. Broken stairs, missing banisters, inadequate lighting and debris left in hallways are among the most common hazards in New York apartment buildings and commercial properties. Landlords have a non-delegable duty to keep common areas safe — and when they fail, injured tenants and visitors can hold them accountable.

Falling Objects and Ceiling Collapses. In older New York buildings, ceiling plaster, fixtures and stored items can fall and cause serious head and neck injuries. Property owners are responsible for inspecting their buildings and correcting conditions that pose a falling-object risk.

Swimming Pool Accidents. Pool owners — including hotels, apartment complexes and homeowners — are required under New York law to maintain safe conditions, provide adequate fencing and supervision, and warn visitors of known dangers. Drownings, near-drownings and diving injuries can all give rise to premises liability lawsuits.

Dog Bites and Animal Attacks. New York applies a modified version of strict liability in dog bite cases. If a dog owner knew or should have known their dog had vicious tendencies and failed to control the animal, the owner can be held liable for injuries their dog causes on their property or elsewhere.

NYCHA and Government Property Accidents. Injuries that occur on New York City Housing Authority (NYCHA) properties, in city parks, on subway platforms or on public sidewalks may involve claims against government entities. These cases carry strict procedural requirements — including the filing of a Notice of Claim within 90 days of the accident — making it critical to contact an attorney immediately.

Proving a Premises Liability Lawsuit in New York

To win a premises liability lawsuit in New York, an injured person must prove four key elements. First, the defendant owned, leased, occupied or controlled the property where the accident occurred. Second, the defendant was negligent in the way they maintained or failed to repair the property. Third, that negligence caused the accident. Fourth, the accident caused actual injuries and damages.

One of the most contested issues in New York premises liability cases is notice. Property owners are generally liable only if they knew about the dangerous condition — or should have discovered it through reasonable inspection — and failed to address it within a reasonable time. This is known as actual notice vs. constructive notice.

For example, if a store employee created a spill and a customer slipped in it moments later, the store may argue it had no notice. However, if the spill had been on the floor for hours, the store will likely be charged with constructive notice — meaning it should have discovered and fixed the hazard through routine inspection. Building a strong notice argument is one of the most important parts of any premises liability case.

Additionally, in New York, certain property owners — particularly those responsible for public spaces — may be held to a higher standard of care. The specific duty owed depends on the relationship between the property owner and the injured person, and whether the injured person was an invitee (such as a customer), a licensee (such as a social guest) or a trespasser.

Who Can Be Held Liable in a New York Premises Liability Case?

Premises liability cases often involve more than one potentially responsible party. Depending on the facts of your accident, responsible parties may include:

• Property owners — individuals or entities that hold title to the property where the accident occurred
• Landlords — residential and commercial landlords responsible for maintaining common areas and building systems
• Property management companies — firms hired to oversee day-to-day building operations, repairs and maintenance
• Retail businesses and commercial tenants — stores, restaurants and other businesses that control the premises where customers are injured
• Government entities — the City of New York, NYCHA, the MTA and other public agencies that own or control public spaces and transportation infrastructure
• Construction companies — contractors who create hazardous conditions on or adjacent to a worksite that injure passersby or visitors
• Maintenance and cleaning companies — third-party vendors whose negligent work creates or fails to correct a dangerous condition

In many cases, multiple parties share responsibility for an accident. Our firm investigates every angle to identify all potentially liable defendants and maximize the compensation available to you.

What Compensation Can You Recover in a New York Premises Liability Lawsuit?

New York law entitles injured premises liability victims to recover full compensation for all damages caused by the property owner’s negligence. Depending on the severity of your injuries, recoverable damages may include:

• Past and future medical expenses, including emergency treatment, surgery, hospitalization, physical therapy and ongoing care
• Lost wages from time missed at work due to your injuries
• Loss of future earning capacity if your injuries prevent you from returning to your prior occupation
• Pain and suffering — compensation for the physical pain and emotional distress caused by your injuries
• Permanent scarring or disfigurement
• Loss of enjoyment of life — compensation for activities and experiences your injuries have taken from you
• Loss of consortium for the impact your injuries have had on your spouse or family
• In cases involving especially reckless or malicious conduct, punitive damages may also be available

Premises liability injuries are often severe. Falls from heights, head injuries caused by falling objects and assaults enabled by negligent security can leave victims with permanent disabilities, chronic pain and life-altering limitations. The Law Firm of Andrew M. Stengel, P.C. works with medical experts, life-care planners and economic analysts to build the strongest possible case for maximum compensation.

New York’s Statute of Limitations for Premises Liability Cases

In New York, the general statute of limitations for a personal injury lawsuit — including most premises liability cases — is three years from the date of the accident under CPLR § 214. However, several important exceptions apply, and missing a deadline can permanently bar your right to recover.

Most critically, if your accident occurred on property owned or controlled by a government entity — including New York City, NYCHA, the MTA or any other municipal body — you must file a Notice of Claim within 90 days of the accident. Failing to serve this notice on time will almost certainly end your case before it begins. After the Notice of Claim is filed, you must then commence your lawsuit within one year and 90 days of the accident.

In cases involving injuries to minors, different tolling rules may apply and the statute of limitations may be extended. Furthermore, in certain cases involving delayed discovery of injuries, the clock may not start running until the injury is discovered or reasonably should have been discovered.

Because of these strict and varied deadlines, it is essential to contact a New York premises liability attorney as soon as possible after your accident. Do not wait.

What to Do After a Premises Liability Accident in New York

The steps you take immediately after a premises liability accident can make a significant difference in the strength of your case. Here is what we advise every client:

Report the accident. Notify the property owner, manager or supervisor immediately and ask that an incident report be prepared. Request a copy before you leave.

Document everything. Use your phone to photograph the exact location of your accident, the hazardous condition that caused it, any visible injuries and the surrounding area. Take photos from multiple angles.

Get witness information. If anyone saw your accident, collect their names and contact information. Eyewitnesses can be critical to proving what happened.

Seek medical attention right away. Even if you feel only minor pain, see a doctor immediately. Some serious injuries — including concussions, internal injuries and spinal damage — may not produce obvious symptoms at first. Prompt medical documentation also creates an important record linking your injuries to the accident.

Preserve evidence. Do not repair or discard clothing or footwear you were wearing at the time of the accident. These items may be relevant to your case.

Do not speak to the property owner’s insurance company. Insurance adjusters will contact you quickly after a premises liability accident. Their goal is to minimize what they pay — not to look out for your interests. Do not provide a recorded statement or accept any settlement offer before speaking with an attorney.

Contact a New York premises liability lawyer immediately. Our firm will begin investigating your case right away — preserving surveillance footage, obtaining maintenance and inspection records, identifying witnesses and building the evidence you need to win.

Why Choose The Law Firm of Andrew M. Stengel, P.C. for Your Premises Liability Case?

Premises liability cases require more than just knowledge of the law. They require the ability to investigate complex accidents quickly, identify every responsible party, gather and preserve critical evidence and go up against well-funded insurance companies and defense lawyers. The Law Firm of Andrew M. Stengel, P.C. brings all of these capabilities to every case we take.

We handle premises liability cases throughout New York — from slip and fall accidents in Manhattan bodegas to elevator collapses in Brooklyn apartment buildings to negligent security assaults in Queens hotels. No matter where your accident occurred or how complicated the facts are, we are prepared to fight for you.

We handle every premises liability case on a contingency fee basis. That means you pay no attorney’s fees unless and until we recover compensation for you. There is no risk to you in calling us.

Injured on Someone Else’s Property? The Law Firm of Andrew M. Stengel, P.C. Is Ready to Help.

If you or a loved one was injured on someone else’s property in New York, do not wait to get legal advice. The evidence in a premises liability case — surveillance footage, maintenance logs, incident reports — can disappear quickly. The sooner our team begins investigating, the stronger your case will be.

Contact us via the live chat below, through our contact form here, or call us at (212) 634-9222. Case consultations are free and confidential, and you will speak with Andrew M. Stengel directly.

Our offices are located at 11 Broadway, Suite 715, New York, NY 10004, and we handle cases throughout New York City, Nassau, Westchester and throughout New York State.