Premises Liability Attorney in New York City

Did you suffer an injury because of unsafe conditions on someone else’s property in New York City? If a property owner failed to fix a dangerous condition or to warn you about a property hazard, you could be entitled to significant compensation.

A New York City premises liability lawyer from David Resnick & Associates, P.C., can evaluate your situation and explain your legal options.

Our firm has represented many injured clients throughout New York City. We invest significant resources into each case. In premises liability cases, we work with accident medical professionals, economists, and other experts to document injuries and financial losses.

We also use cutting-edge technology and investigative techniques to build strong claims.

Contact David Resnick & Associates, P.C., today to discuss your premises liability case in a free consultation with an experienced NYC premises liability lawyer.

What Is a Premises Liability Claim?

A premises liability claim arises when someone gets hurt due to unsafe conditions on another party’s property. Property owners carry a duty to keep their premises reasonably safe for visitors. Under New York’s premises liability law, this duty applies to New York City business owners, landlords, and homeowners.

If a hazardous condition exists on a property, the owner must fix it or warn visitors about the danger.

To succeed with a premises liability claim, you must prove the property owner failed to uphold their responsibility to keep their premises reasonably safe. You need to show a dangerous condition that the owner knew or should have known about and that they did not take reasonable steps to address it.

You must also prove that the hazard directly contributed to your injury.

What Are the Most Common Types of Premises Liability Claims in New York City?

Serious accidents can happen if property owners fail to keep their premises safe.

Premises liability claims cover a wide range of situations where unsafe property conditions lead to injuries, such as:

• Slip-and-fall and trip-and-fall accidents — Wet floors, uneven surfaces, and icy sidewalks cause many slip-and-fall and trip-and-fall accidents. People can get hurt if a property owner fails to clean spills, fix flooring issues, or clear away ice or snow. Slips, trips, and falls are the most common premises liability injuries. David Resnick & Associates, P.C., has recovered millions of dollars in fair compensation for slip-and-fall and trip-and-fall victims in New York.
• Falling objects — People can suffer blunt-force trauma in construction sites, retail stores, and office buildings if objects fall from shelves or scaffolding. Property owners and businesses must secure materials and warn people of possible dangers.
• Inadequate security — Property owners must provide reasonable security measures to prevent assaults, robberies, and other crimes. Violent crimes can occur if an apartment complex, hotel, or parking garage lacks working locks, security cameras, or proper lighting.
• Defective stairs and handrails — Loose railings, broken steps, and missing handrails can lead to dangerous falls. Landlords, businesses, and property owners must inspect stairways regularly and make repairs as necessary.
• Elevator and escalator accidents — Malfunctioning elevators and escalators can cause severe injuries, especially if they stop suddenly or their doors close. Property owners could be responsible if poor maintenance or a mechanical failure causes an injury.
• Dog bites and animal attacks — Dog owners must control their pets to prevent bites and attacks. If the owner knew the dog had aggressive tendencies, a person who was bitten or injured by a dangerous dog could file a claim.
• Parking lot falls – Parking areas can contain anything from potholes and cracked pavement to pooled water and poor lighting. Property owners may be responsible when they fail to inspect or repair dangerous conditions that create an unreasonable risk.
• Sidewalk falls – Sidewalks also have cracked concrete and raised sections, along with ice, snow, and construction-related hazards. Sidewalk cases frequently involve arguments about who was responsible for maintaining the area and whether the dangerous condition existed long enough to require action.
• Ceiling collapses – Water damage, construction defects, and lack of maintenance are just a few factors that contribute to ceiling collapses. Falling plaster and structural components can cause devastating injuries. These incidents often require determining whether a property owner ignored warning signs or failed to correct unsafe conditions.

What Is the Difference Between Actual Notice and Constructive Notice in a Premises Liability Case?

Notice is often one of the most important issues in a premises liability case. In New York, injured people generally must prove that the property owner either knew or reasonably should have known about the dangerous condition before the accident occurred.

Actual notice means the property owner had direct knowledge of the hazard. For example:

• An employee reported the dangerous condition.
• A customer complained before the accident.
• Maintenance records documented the problem.
• The owner personally observed the hazard.

Constructive notice means the owner may not have had direct knowledge, but the dangerous condition existed long enough or was obvious enough that they reasonably should have discovered it. For example, imagine a grocery store spill remained on the floor for several hours. Even if no one reported it, the store should have identified and cleaned it during normal inspections.

Establishing notice can be difficult. It often requires collecting evidence, including:

• Surveillance footage
• Inspection logs
• Incident reports
• Maintenance records
• Witness testimony
• Photographs of the condition

Because notice issues can become highly fact-specific, you should speak with an experienced premises liability attorney at David Resnick & Associates, P.C., as soon as possible. Establishing notice can require taking immediate steps to preserve and gather evidence.

What Defenses Can NYC Property Owners Try to Use Against a Premises Liability Claim?

Property owners and insurance companies defend liability claims aggressively. Even when your injuries are serious, and the fault clearly lies with the property owner, defendants often try to reduce or avoid liability.

Two commonly used defenses in premises liability claims in NYC are:

• No notice of the hazard – Owners often claim they lacked notice of the dangerous condition. The defense may claim that the hazard appeared moments before the accident, and no one knew about it. They may argue that they conducted inspections regularly and there wasn’t enough time to fix the problem. In other words, they acted reasonably under the circumstances, so they should not be liable.
• Victim was negligent – Defendants may also argue that the person’s own conduct caused or contributed to the accident. For example, they may claim that the person ignored warning signs or was distracted while walking, which shows a failure to exercise reasonable care.

New York has a pure comparative negligence system. So, compensation may still be available even if you were partially responsible, although a court can reduce your damages based on your percentage of fault.

Insurance companies frequently raise comparative negligence arguments to minimize payouts. Our dedication to early evidence preservation and careful case preparation can make a big difference when dealing with those insurers.

What Do You Need to Prove in a New York City Premises Liability Lawsuit?

Successful premises liability cases require proving these key facts: 

• The owner had a duty of care – You must show that the property owner owed a legal duty to maintain reasonably safe premises. For example, a restaurant owner has a duty to inspect and address hazards affecting customers, like broken glass or spills.
• A dangerous condition existed – Next, you must establish that a hazardous condition existed, like a leaking refrigerator creating a puddle that makes the floor slippery.
• The property owner had notice – The next element is proving that the property owner knew or should have known about the dangerous condition. Security footage showing employees repeatedly walking past the spill for an hour without cleaning it would be an example of notice.
• The owner failed to act reasonably – The owner must have failed to correct the hazard or warn visitors within a reasonable period. Failing to put up warning signs or clean the spill is evidence of that kind of failure.
• The hazard caused the accident – You must demonstrate that the dangerous condition caused your injuries. For example, your medical records might connect a broken wrist directly to the fall.
• You suffered actual harm – Finally, you must prove measurable losses, like medical bills, pain and suffering, emotional trauma, lost wages, and other damages.

What Common Injuries Do People Suffer in New York City Premises Liability Accidents?

Unsafe property conditions can lead to injuries ranging from painful to permanently disabling:

• Broken bones frequently require surgery and lengthy rehabilitation.
• Spinal cord injuries may affect your movement, sensation, mobility, and long-term independence.
• Burns may occur because of electrical hazards, chemical exposure, or other unsafe building conditions. They can cause permanent nerve damage and scarring.
• Internal injuries can be difficult to detect immediately after an accident and frequently require emergency medical treatment.
• Back and neck injuries (including whiplash) often develop after falls or sudden impacts. These injuries may interfere with everyday activities, including sleep and movement.
• Facial injuries involve fractures, dental trauma, lacerations, scarring, or vision complications. This can lead to severe emotional trauma on top of physical harm.
• Traumatic brain injuries can range from concussions to severe neurological damage. Even mild brain injuries may affect your quality of life.

Get medical help as soon as possible. Waiting too long to get checked out can hurt your claim, since the insurance company can argue your injuries weren’t severe enough to seek medical attention right away.

What Are Common Places Where New York City Premises Liability Accidents Happen?

Dangerous conditions can exist almost anywhere in New York City. Premises liability lawsuits often arise from accidents that occur in places such as:

• Grocery stores
• Restaurants
• Bars and nightclubs
• Gyms and fitness centers
• Shopping centers
• Hotels
• Parking lots
• Apartment buildings and condos
• Public parks
• Swimming pools
• Subways
• Theaters

Each location presents different safety obligations. For example, grocery stores may face issues involving spills and crowded aisles. Hotels may encounter elevator failures or inadequate security concerns. Apartment buildings may involve stairway hazards or maintenance failures.

What Is NYC Admin. Code § 7-210 and How Does It Apply to Sidewalk Injury Cases in NYC?

Sidewalk injury claims in New York City have rules that surprise many people. Under NYC Administrative Code § 7-210, responsibility for maintaining most sidewalks shifted from the City of New York to the owner of the property adjoining the sidewalk. Under this law, adjacent property owners must: 

• Maintain sidewalks in a reasonably safe condition
• Repair dangerous defects
• Address deterioration and unsafe walking conditions

So, if someone suffers physical injuries because of a defective sidewalk, the adjoining property owner might be liable, rather than the City.

Determining liability depends on the property type and surrounding circumstances. Your attorney at David Resnick & Associates, P.C., will review:

• Ownership records
• Maintenance history
• Repair records
• Prior complaints
• Photographs and measurements
• Applicable municipal regulations

Because these cases can involve notice and ownership disputes, acting quickly after an injury will help us preserve important evidence.

Why Trust David Resnick & Associates with Your NYC Premises Liability Case?

Choosing an attorney after a serious injury is an important decision. David Resnick & Associates, P.C., has decades of experience representing injury victims across New York.

Founding attorney David Resnick was admitted to the Bar in 1996 and has nearly three decades of legal experience advocating for injured clients. He earned his law degree from the Benjamin N. Cardozo School of Law in 1995 and graduated from George Washington University in 1990.

When you work with David Resnick & Associates, P.C., our team will:

• Thoroughly investigate the cause(s) of your premises liability injury
• Handle communications with insurance companies and property owners
• Provide helpful legal advice and updates throughout your case
• Explain the legal options that meet your needs
• Calculate all available damages and pursue maximum compensation

Our results reflect our commitment to fighting for injured clients, and our client testimonials reflect the level of service and support our team provides.

“He was amazing everything he says is so accurate. So responsible and respectful. Also his paralegals are amazing they truly care about there job and there clients. My experience was amazing. I am so satisfied with my outcome. I truly recommend this law firm. Thank you!” 

– Yolanda Almodovar

“My experience with the firm has been very positive. Mr. Resnick was sympathetic to my plight and made sure that all my concerns were met. I highly recommend Mr. Resnick and his staff.” 

– Milly Morales

“David Resnick & Associates, P.C. are the best! All hands down. They kept me updated on every thing and really held me down to the fullest. I love these guys. Very friendly and like family vibe and got me the most for my injury.” 

– Family Anderson

Our firm has also been recognized through honors and professional distinctions, including:

• Distinguished Justice Advocates
• Leaders of Law
• Legal Ambassadors

Our firm has recovered over $180 million for our clients in verdicts and settlements, including a recent $1,925,000 settlement in a premises liability case involving a staircase fall.

If you were injured because a property owner failed to maintain safe conditions, you don’t have to navigate the legal process alone. Our experienced and dedicated legal team at David Resnick & Associates, P.C., is ready to aggressively pursue the compensation you deserve.