Property owners, landlords, and businesses must keep their property reasonably safe. When they ignore a dangerous condition and someone gets hurt, they are responsible.
Dangerous Conditions We See
- Wet floors, leaks, and spills
- Broken or uneven sidewalks
- Snow and ice left untreated
- Broken stairs, loose handrails, and poor lighting
- Falling ceilings and collapsing floors
- Elevator and escalator malfunctions
- Broken locks and missing security in buildings with a history of crime
Types of Premises Liability Cases
What We Have to Prove
In most cases we must show that the owner created the hazard, knew about it, or should have known about it because it was there long enough to be found and fixed.
That proof comes from surveillance video, maintenance and inspection logs, repair tickets, prior complaints, and the people who work or live in the building. Much of it is lost if no one asks for it early.
What to Do After a Fall or Injury
- Photograph the condition before it is cleaned up or repaired.
- Report the accident to the owner, manager, or store and ask for a copy of the report.
- Get the names and numbers of witnesses.
- Keep the shoes and clothing you were wearing.
- See a doctor right away and tell them exactly how you were hurt.
What You Can Recover
- Medical bills, past and future
- Lost wages
- Pain and suffering
- Loss of enjoyment of life
Partly at fault? You can still recover in New York. Your award is reduced by your share of the fault. It is not wiped out.
Deadlines
Most New York injury lawsuits must be filed within three years of the accident.
If the property is owned or run by the City, NYCHA, the MTA, or a public school: Claims against the City of New York, the Transit Authority, NYCHA, or another public agency move faster. A written notice of claim is generally due within 90 days, and the lawsuit generally must be filed within one year and 90 days.
Common Questions
The owner fixed the problem right after I fell. Does that hurt my case?
No. That is why photos matter. Take them immediately, or have someone take them for you.
I fell in my own apartment building. Can I sue my landlord?
Yes, if the landlord's failure to repair or maintain the building caused the injury.
The store says I should have watched where I was going. Is that the end of it?
You can still recover in New York. Your award is reduced by your share of the fault. It is not wiped out.
Talk to a Lawyer Today
The consultation is free. There is no fee unless we win, and we advance the costs of the case. You speak with your attorney directly, not a call center.