New York City
Premises Liability lawyer

In New York City, you possess the legal right to seek financial recovery if you happen to get hurt on a property owned by someone else. This right exists because of the specific premises liability laws established in New York State which hold owners accountable for the safety of their grounds. The category of the location where the incident occurred does not change your rights, as these accidents frequently take place while people are shopping at a local market, living in an apartment building, or performing their duties at a job site. When property owners allow unsafe conditions to persist or fail to provide proper maintenance and security, a simple walk through a building can result in a devastating accident that changes your life forever. Victims of such neglect should receive the money they need to recover, and a New York City premises liability lawyer from The Silbowitz Firm is ready to help you begin that process.

If you are currently experiencing the pain of an injury caused by a property owner who acted with negligence, you are entitled to seek justice for what happened to you. It is helpful to have a legal representative who knows New York State laws inside and out so they can fight for the maximum compensation available in your personal injury lawsuit. At The Silbowitz Firm, our founder Mitchell Silbowitz has been fighting for injury victims since 1989 and understands exactly what is required to win cases involving slip and fall accidents, injuries caused by lack of security, or even dog bites from a pet.

What is Premises Liability?

Premises liability is a legal rule that dictates a property owner is the person responsible for making sure their environment is safe for those who enter. This means that if a guest or a person renting a space ends up with an injury because the area was not kept in good repair, the owner is often the one held legally liable for the resulting damages. This type of legal situation usually arises when an owner knows about a danger but does not fix it quickly or neglects to tell visitors that a hazard is present. These legal matters often involve:

• Dangerous walkways
• Broken staircases
• Inadequate lighting
• Wet or slippery floors
• Lack of proper security measures
• Falling objects
• Cluttered hallways
• Structural failures

The location of the accident is less important than the fact that the owner has a duty to keep the premises reasonably safe for anyone they invite onto the land. This protection covers a person buying groceries, a driver using a commercial parking garage, or a family spending time at a public park. Any time you are hurt on the property of another person or a business, you may have the necessary grounds to start a premises liability lawsuit.

Common Types of Premises Liability Accidents in NYC

Many different situations fall under the umbrella of premises liability, but certain accidents happen more frequently than others across the five boroughs of New York City. These include:

Slip and fall accidents: These are some of the most common injury cases we see where a person loses their footing and falls because of a puddle on the floor, a rug that isn’t secured, uneven sidewalk slabs, or hallways that are too dark to see clearly.

Negligent Security: Those who own property are expected to have enough security in place to protect people, especially in areas where crime happens often. This is a major factor for hotel owners, nightclub operators, and apartment managers who must take steps to prevent physical assaults or robberies on their land.

Poor Maintenance: Many people in New York experience broken bones or head trauma because of cracked pavement, stairs that are falling apart, or handrails that come loose from the wall. State law requires that owners keep up with repairs to ensure nobody gets hurt.

Dog Bites: If a pet owner has an animal that attacks a visitor, that owner is typically responsible for the medical bills and trauma the dog causes. This rule is very strict, though it might change if the person bitten was trespassing on the land at the time.

Toxic Substance Exposure: Many older buildings in our city still contain dangerous materials like lead paint, asbestos, or hidden mold which can lead to chronic illnesses for the people living or working there.

Swimming Pool Accidents: When a pool area lacks a proper fence, a lifeguard, or clear signs about the water depth, people can experience near-drowning events or other serious bodily harm. Owners must fix these dangers or make it very clear to everyone that the hazard exists.

The reality is that a serious injury can occur in almost any setting for a variety of reasons. If the person in charge of a property did not take the right steps to stop an injury from happening, they are often liable for the harm you suffered while you were on their premises.

Establishing Fault for Your Injuries

If you believe the negligence of a property owner is the reason you are hurt, your legal case will depend on your ability to prove they are liable for the incident. To hold that owner accountable, you or your premises liability attorney in New York City have to demonstrate specific facts:

• The owner of the property was aware of the hazard or should have been aware of it before you arrived.
• The owner did not fix the problem or give you a warning that the danger was there.
• You would not have been hurt if the owner had simply repaired the issue or told you to be careful.

In New York, property owners have a legal duty of care toward their guests. This means they are the ones who must ensure the environment is safe for customers, friends, and anyone else who is supposed to be there. People who are trespassing do not get the same level of legal protection, but an owner could still be in trouble if they intentionally created a trap or acted with extreme recklessness.

New York also follows a rule known as comparative negligence. This means if the person who got hurt is found to be partially at fault for the accident, the money they receive might be lowered by their percentage of responsibility. For example, if someone is looking at their phone and trips over a hole that was clearly visible, a jury might decide they share some of the blame for what happened.

Compensation You’re Entitled To After a Property Accident in New York

Being aware of your rights in a case like this is a big part of the process when you are experiencing the aftermath of an accident caused by bad property conditions. You might be able to get money for:

• Medical expenses
• Lost wages
• Pain and suffering
• Future medical care
• Loss of earning capacity

The statute of limitations for these types of injury cases in New York is generally three years from the date the accident happened, though some specific exceptions exist that could make that window shorter. If you miss this legal deadline, the court will likely throw your case out without ever looking at the evidence, so you should try to move forward as soon as you can. To help your legal claim, you should always report what happened to the owner, get medical help immediately, take photos of the area where you fell, get the names of people who saw it, and call a New York City premises liability lawyer.

Filing a Premises Liability Lawsuit

The first step in seeking the money you deserve is usually to file a claim with the insurance company that covers the property. However, insurance adjusters are often looking for ways to avoid paying your claim, and they will frequently try to tell you that your injuries are not serious or offer you a very small amount of money to go away. A lawyer with experience in these matters can change the way the insurance company treats you because they know how to collect the right evidence and talk to experts who can prove the true value of your case.

When you have a lawyer working for you, they take over the difficult parts of the process so you can focus on getting better. The steps your attorney will take include:

• An initial meeting to talk about what happened
• An investigation where they look at medical files and search for security camera footage
• Talking to the insurance company to push for a settlement that covers all your needs
• Taking the case to a trial if the insurance company refuses to pay a fair amount

FAQs

If you are experiencing the stress of an injury because a property owner was negligent, you likely have many questions similar to those we hear from other clients:

Who is responsible for injuries on a commercial property? In many New York cases, both the person who owns the building and the business that is renting the space can be held responsible, depending on what their lease agreement says about who has to fix the floors or provide security.

What if the property owner says I’m at fault? Because New York uses comparative negligence laws, you can still get money even if you were partly to blame for your fall. Your final check will just be smaller based on how much of the accident was your fault.

What’s the deadline to file a premises liability claim? For most people in New York, you have three years to start your lawsuit. However, if the property is owned by the city or a government agency, you might only have 90 days to file a special notice, so you should check with a lawyer right away.

How much compensation can I recover in a premises liability claim? The amount of money you can get depends on how bad your injuries are, how much work you missed, and how much your life has changed since the accident. Your attorney will look at all these factors to find a fair number.

An injury that happens because of a danger on someone else’s property can have consequences that stay with you for years. Whether you feel like the accident was your fault or not, it is important to speak with a personal injury lawyer who knows New York law and can help you go through the legal process to get the money you need.

Speak with a Dedicated New York City Premises Liability Firm

Legal proceedings can feel very confusing and heavy, and cases involving property injuries are no different. Our New York City personal injury attorneys at The Silbowitz Firm will take care of the legal details while you recover. Our law firm will:

• Conduct a thorough investigation of the accident
• Determine the identity of all liable parties
• Handle negotiations with the insurance company
• Represent you in court if no settlement can be reached
• Meet all legal deadlines

By working with our team, you get the advantage of our deep experience and the fact that Mitchell Silbowitz has helped clients win more than 1,000 cases in New York City, Long Island, and other counties across the state. We understand the local court systems and we know the tricks insurance companies use when they try to lower your settlement. Whether you are dealing with a brain injury from a fall or the emotional impact of a crime on a property with no security, we will give your case the attention it needs.

We work for our clients on a contingency fee basis, which means you do not have to pay us anything for our time unless we successfully win money for you. Contact us today at (646) 419-5344 to have a free conversation about your case and find out how we can help you move toward the justice you deserve.