Premises Liability Attorney in New York City
Free Legal Consultation Who Are the Three Groups of People Who Could Be Involved in a Premises Liability Case?
Property owners in New York City owe different levels of care to people who enter their property. The law categorizes visitors into invitees, licensees, and trespassers.
The duty a property owner has depends on which category applies:
- Invitees — Visitors who enter a property for business purposes, such as customers in a store or tenants in an apartment building. Property owners must keep their premises safe for invitees by conducting inspections, fixing defects, and warning about known hazards. If an invitee suffers an injury due to unsafe property conditions, they could have a claim against the owner.
- Licensees — Visitors who enter a property with the owner’s permission for their benefit. This category includes social guests and door-to-door salespeople. Property owners must warn licensees about known dangers but do not have to inspect the property for hidden hazards.
- Trespassers — Visitors who enter a property without permission. Property owners generally do not have a duty to protect trespassers from hazards. However, they cannot intentionally create dangers that could cause harm to trespassers.
What are the Critical Elements of a New York City Premises Liability Case?
You must prove four key elements to succeed in a premises liability case based on property owner negligence in New York City:
- Duty of care — The property owner had a legal duty to keep their premises safe. The extent of this duty depends on your status as an invitee, licensee, or trespasser.
- Breach of duty — The owner failed to uphold their duty to conduct inspections, maintain safe property conditions, or fix known hazards. For example, you could show they ignored a spill, failed to repair broken stairs, or would not provide proper security.
- Causation — The property owner’s breach must be linked to your injury. You must offer evidence showing the unsafe condition directly caused your harm, not some other factor.
- Damages — The owner owes you damages for losses related to your injury, such as medical bills, lost wages, or pain and suffering. You may not have a valid claim if you cannot prove you suffered these losses due to your injury.
How Do I Know If I Have a Valid Premises Liability Case?
A premises liability lawyer can help you determine whether you have a valid premises liability case. You might have a claim if you suffered an injury while on someone else’s property. However, several factors can affect your legal options. An attorney can evaluate your case by reviewing where and how the injury happened, whether the owner knew about the hazard, and whether they had a reasonable chance to fix it.
Evidence plays a key role in these cases. Your lawyer can investigate the scene, gather witness statements, and obtain surveillance footage or maintenance records. They can also calculate the damages the negligent property owes for medical expenses, lost income, and other losses.
Premises liability cases can lead to significant settlements. For example, the NYC premises liability attorneys at David Resnick & Associates, P.C., obtained a $335,000 settlement for a client injured in one premises liability incident. If you are unsure whether you have a claim, our team can help you understand your legal rights.
What Sort of Compensation Could I Receive for My New York City Premises Liability Lawsuit?
You could receive financial compensation for your losses if you suffered an injury in a New York City premises liability case. The amount depends on factors like the severity of your injury and the costs incurred during your recovery.
The following are common types of compensation available in premises liability cases:
- Medical expenses — You can recover compensation for emergency treatment, hospital stays, surgeries, medications, and follow-up care costs.
- Future medical costs — If your injury requires ongoing treatment, rehabilitation, or surgeries, you can seek compensation for these anticipated expenses.
- Income losses — If your injury caused you to miss work, you could seek compensation for your lost wages during recovery.
- Lost earning potential — If your injury affects your ability to work in the future, you can seek compensation for reduced earning capacity.
- Pain and suffering — You can pursue compensation for subjective losses like physical pain, emotional distress, and the overall hardship caused by your injury.
- Lost quality of life — If your injury prevents you from enjoying activities you once loved or affects your independence, you can also seek compensation for this loss.
What Happens If You Were Trespassing on the Property and Were Injured?
If you were trespassing when you suffered an injury, you might have a more challenging time recovering compensation in a premises liability case. Property owners in New York do not owe the same duty of care to trespassers as they do invitees and licensees. They do not have to keep their properties safe for people who enter without permission. However, property owners cannot intentionally create hazards that could injure trespassers.
An exception exists for child trespassers. Under the attractive nuisance doctrine, property owners must take reasonable steps to keep children from harm if something on their property, such as an unfenced pool or abandoned equipment, could attract children. Suppose you suffered an injury while trespassing. A premises liability attorney could assess your case and determine your legal options.
How Long Do You Have in New York to File a Premises Liability Claim?
New York law gives you three years from your injury to file a premises liability lawsuit. You could lose your right to seek compensation if you do not take legal action before this deadline.
Circumstances can shorten this deadline. For instance, if your claim involves a government-owned property, you must file a notice of claim within 90 days of the injury and start your lawsuit within one year and 90 days. In other situations, the deadline may be extended. However, waiting too long to act can make it harder to gather evidence.
A New York City premises liability lawyer can determine how much time you have to file and meet all relevant deadlines on your behalf.
Get Your Free Consultation
Contact Us Today 
What Are Some Actions Property Owners Can Take to Protect People Coming onto Their Property?
Property owners in New York can take several steps to prevent injuries on their premises. They should inspect the premises regularly, fix hazards quickly, and warn visitors about potential dangers. Businesses should also clean spills, repair broken stairs, and maintain adequate lighting in all areas.
Security measures play an important role in visitor safety. Installing security cameras, maintaining proper locks, and hiring security personnel can prevent crimes. Owners should use barriers to control access to properties with pools, playgrounds, or other features that could attract children.
New York law limits the force owners can use to protect their properties from trespassers. Property owners cannot use deadly force unless they are defending themselves or others from imminent harm or criminal activity. They also cannot set traps or take extreme measures to keep trespassers away.
Premises Liability Cases We Have Won
David Resnick & Associates, P.C., has recovered significant settlements for clients injured in premises liability cases. These results show our firm’s ability to handle complex claims and pursue fair compensation for injured individuals. Every case is different, and past results do not guarantee future outcomes, but they demonstrate the potential for substantial financial recovery in these cases.
Below are some examples of premises liability settlements our firm has secured for clients:
- $1.75 million settlement for a slip-and-fall injury
- $1.6 million settlement for a slip-and-fall injury
- $1 million settlement for a slip-and-fall injury
- $900,000 settlement for a slip-and-fall injury
- $800,000 settlement for a slip-and-fall injury
- $700,000 settlement for a premises liability incident
- $650,000 settlement for a slip-and-fall injury
- $550,000 settlement for a slip-and-fall injury
- $400,000 settlement for a slip-and-fall injury
- $350,000 settlement for a slip-and-fall injury
- $335,000 settlement for a premises liability incident
- $300,000 settlement for a slip-and-fall injury
- $225,000 settlement for a premises liability incident
- $250,000 settlement for a slip-and-fall injury
- $225,000 settlement for a slip-and-fall injury
- $200,000 settlement for a slip-and-fall injury
Contact A New York Premises Liability Lawyer
If you suffer an injury on someone else’s property, you deserve a legal team that will take your case seriously and fight for the compensation you need. David Resnick & Associates, P.C., has recovered over $180 million for our deserving clients since 1998. Our firm’s success comes from a commitment to strong client relationships, clear communication, and a hands-on approach to every case.
Attorney David Resnick personally answers client questions and often meets with those he represents in their homes to discuss their cases. Contact us today for a free consultation to find out how we can help you seek the financial recovery you deserve.
There is no fee unless we win. Contact an experienced New York premises liability attorney and call us at 212-279-2000 today.
New York City Premises Liability FAQs
The following are common premises liability FAQs asked of David Resnick & Associates, P.C., covering Manhattan, Queens, Brooklyn, Staten Island, the Bronx, and all of New York City.
FAQs
Premises liability refers to the body of law which holds a landowner and/or possessor of property liable for injuries to others sustained on their property.
The injured party must prove that the defendant was negligent towards them. It must be shown that the landowner/occupant possessed the premises at the time of the accident and that they had control of the premises, and control of the condition thereof.
- Slip and fall
- Trip and fall accidents
- Animal attacks
- Fire hazards
- Toxic chemical exposure
- Toxic mold
- Asbestos exposure
First, immediately make provision for your safety and health. If you are injured, make sure that emergency medical services (“EMS”) are called. Have EMS examine you and if appropriate, have them transport you to an emergency room for treatment. If you are able, try to obtain the following information:
- The name and address and of the owner of the property.
- The name, address and policy number for all insurance companies insuring the property.
- The name and address of all witnesses to the accident.
- The name and address of all persons to whom you have reported the incident.
Yes. The condition of the premises at the time of the injury will be a pivotal issue in resolving any claim and photos can document that condition. Also, take photos of all physical injuries you have sustained (such as bruises, scrapes, lacerations, etc.).
This will often depend on whether the person on the property was a business invitee, a social guest or a trespasser. A business invitee is on the property by invitation and usually for mutual economic benefit. A social guest is on the premises by invitation and not for any economic benefit. A trespasser is on the premises without permission. Generally, property owner’s duty of care is the highest with a business invitee while the lowest duty of care to a trespasser.
If the following can be proved, you may be able to file a successful lawsuit:
- The property owner was “negligent”, which means that the property owner breached the legal duty owed to the injured individual.
- There is causation, meaning that the property owner’s specific acts of negligence caused the injuries.
- There are substantial damages involved in your case.
The property owner is responsible for all reasonable and necessary medical expenses incurred as a direct result of your injury. These claims are supposed to be paid under the owner’s liability policy with their insurance company.
Generally, a plaintiff will be able to recover all economic damages incurred resulting from the occurrence. Many times non-economic damages are also awarded (i.e. pain and suffering, loss of enjoyment of life, inconvenience, etc.).
Yes. If you have been injured in a premises accident, including a slip and fall accident, it is advisable to immediately consult a personal injury attorney. The insurance company for the property owner is not your ally regardless of how cooperative or friendly it may seem. That insurance company has attorneys and other resources to try to defeat any claim you assert. In order to be on equal footing, you need to have an injury attorney on your side. Early consultation with an attorney can also help your case in that your attorney may be able to help investigate and document your case. Sometimes a delay results in witnesses and evidence disappearing or becoming more difficult to obtain. The opposing insurance company will be aggressively investigating your case and you need someone doing the same for you. Contact the experienced premises liability lawyers David Resnick & Associates, P.C., today to schedule your free initial consultation. We have worked with many victims of premises injuries in New York City – which includes Manhattan, Queens, Staten Island, Brooklyn and the Bronx, and we understand New York’s laws surrounding personal injury claims.