Hurt on Someone Else’s Property in New York? Understanding Your Legal Rights
Every year, thousands of New Yorkers suffer serious injuries on property owned or controlled by others. Injuries happen in apartment buildings, stores, restaurants, parking garages and on sidewalks. When a property owner’s negligence creates the dangerous condition that causes the injury, that owner can and should be held legally accountable through a premises liability claim.
What Is Premises Liability?
Premises liability is the area of personal injury law holding property owners responsible for injuries caused by unsafe conditions they created, knew about, or should have known about. Under New York law, owners and occupiers of property owe visitors a duty to maintain their premises in a reasonably safe condition and to warn of known hazards.
Key Elements of a Premises Liability Claim
- Ownership or control: The defendant owned, leased, or controlled the property
- Dangerous condition: An unsafe condition existed at the time of injury
- Notice: The defendant knew about the condition or it existed long enough they should have discovered it
- Causation: The condition caused the plaintiff’s injury
- Damages: The plaintiff suffered actual, compensable harm
Types of Premises Liability Cases
Common premises liability cases in New York include slip and fall accidents, trip and falls on broken or uneven surfaces and falling objects in retail stores. Other cases involve inadequate stairway lighting, defective elevators and escalators, negligent security, swimming pool accidents, and structural defects in residential buildings.
Statute of Limitations
New York personal injury claims must generally be filed within three years of the injury date. Claims against the City of New York or other government entities require a Notice of Claim filed within 90 days — a deadline that cannot be extended and that permanently bars the claim if missed.
Contact The Law Firm of Andrew M. Stengel, P.C. Now
If you were injured on someone else’s property in New York, The Law Firm of Andrew M. Stengel, P.C. can evaluate your claim and help you pursue the compensation you deserve. Contact us for a free consultation. Schedule a consultation with The Law Firm of Andrew M. Stengel, P.C. by emailing info@stengellaw.com or by using our scheduler at https://calendly.com/stengellaw.
