New York City
Premises Liability lawyer

When someone is injured on unsafe property in New York, the law can be complicated. As a New York City Premises Liability Lawyer, The Silbowitz Firm has spent decades fighting for people hurt in accidents on sidewalks, in buildings, or on private and public property. With over 30 years of experience and more than 1,000 successful personal injury cases, our team understands what it takes to hold negligent property owners accountable. Our law firm has a proven track record as a York premises liability lawyer, with skilled attorneys dedicated to advocating for our clients’ rights.

We represent individuals and families who are dealing with serious injuries from slips, falls, falling debris, unsafe conditions, and other hazards that could have been prevented with proper care. Unsafe property conditions are a leading cause of these incidents, and it is crucial to hold a negligent property owner responsible under premises liability law.

What Is Premises Liability in New York?

Premises liability is the legal responsibility of property owners, businesses, or tenants to keep their property reasonably safe for people who lawfully enter. If they fail to do so and someone gets hurt on someone else’s property or else’s premises, the owner or tenant may be held accountable. It is crucial to prove negligence by gathering evidence that shows the property owner’s breach of duty when an injury occurs on someone else’s property.

Examples of premises liability accidents include:

• Slip and fall accidents in stores, restaurants, or apartment buildings
• Falling objects from construction sites or poorly maintained buildings
• Elevator and escalator accidents
• Collapsed stairs or defective handrails
• Inadequate security leading to assaults or attacks
• Unsafe sidewalks or broken cellar grates
• Accidents in an apartment complex
• Injuries caused by inadequate maintenance

New York law, however, tends to favor property owners, which means proving liability is not always simple. An injured person must show that the owner or tenant either created the unsafe condition, knew about it (actual notice), or should have reasonably known about it (constructive notice). In addition, it must be shown that the dangerous condition was a substantial factor in causing the injury. Property owner’s negligence and failure to ensure the property is properly maintained can result in liability for injuries.

Responsibilities of Property Owners in New York

Property owners in New York are legally required to keep their premises in a reasonably safe condition to protect anyone who lawfully enters the property. This duty covers all areas, including lobbies, stairways, hallways, sidewalks, and other common spaces. Owners must regularly inspect their property for unsafe conditions, promptly repair hazards, and take reasonable steps to prevent accidents. If a property owner fails to address dangerous conditions—such as broken handrails, icy walkways, or inadequate lighting—they may be found negligent in a premises liability case. This negligence can open the door to premises liability claims from anyone who suffers injuries as a result. By prioritizing safety and maintenance, property owners can help prevent liability claims and ensure their premises are safe for all visitors under New York law.

Common Types of Premises Accidents We Handle

Our firm has seen a wide range of premises liability cases across New York City. Some of the most common include:

• Slip and fall accidents: These are among the most frequent cases. Wet floors, icy sidewalks, or poorly lit stairways often lead to severe injuries.
• Elevator and escalator accidents: In a city filled with high-rise buildings, elevator malfunctions or poor maintenance can result in life-altering injuries.
• Building collapses and falling debris: Construction accidents or neglected maintenance often put pedestrians and tenants at risk.
• Inadequate security: When building owners fail to provide proper security, visitors can become victims of crimes such as assault or robbery.
• School or playground injuries: Children hurt because of unsafe conditions on school grounds or playgrounds.
• Swimming pool accidents caused by inadequate maintenance or lack of safety measures: These incidents often occur when property owners fail to ensure pools are properly maintained and secured.

Each case requires a detailed investigation, and our lawyers know how to collect evidence quickly before it disappears. A business owner has a legal responsibility to maintain safe premises and take steps to prevent accidents, including those involving swimming pools and other hazardous conditions.

How We Prove a Premises Liability Case

Winning a premises liability case requires thorough preparation. At The Silbowitz Firm, we take immediate steps to secure evidence, which may include:

• Photographing the scene before repairs are made, and documenting exactly where and when the injury occurred to strengthen your case
• Interviewing witnesses who saw the accident happen
• Reviewing prior complaints, accident reports, or city violations
• Consulting engineers, architects, or safety experts to explain the hazards
• Analyzing building codes and safety standards

When preparing a premises liability lawsuit, it is crucial to identify all responsible parties who may be legally liable for the accident or hazardous condition. This ensures that your claim addresses every entity or individual who may be at fault.

In many cases, we also work with financial experts to determine the long-term costs of an injury. These may include lost income, medical expenses, rehabilitation, or the cost of ongoing care.

Comparative Negligence in Premises Liability Cases

Comparative negligence plays a significant role in many premises liability cases in New York. Under the state’s pure comparative negligence law, the amount of compensation an injured party can recover is reduced by their percentage of fault in the accident. For instance, if a court finds that the injured person was 25% responsible for their own injuries—perhaps by not paying attention to warning signs—their financial recovery will be reduced by that same percentage. This means that even if a property owner is mostly at fault, the injured party’s actions can still impact the outcome of the case. Because comparative negligence can be complex, it’s crucial to have experienced premises liability lawyers or liability lawyers on your side to ensure your rights are protected and you receive the compensation you deserve under New York law.

The Impact of Premises Liability Accidents in New York

New York City is one of the busiest and most visited cities in the world. With over 8.5 million residents and tens of millions of tourists each year, the risk of premises-related accidents is higher than in smaller cities. Most premises liability cases in New York involve injuries that occur on somebody else’s property or a party’s premises, highlighting the importance of property owners’ legal duty to maintain safe conditions. Sidewalks stretch for more than 12,000 miles, and building owners have a legal duty to maintain them. Even a small patch of cracked concrete in Midtown or ice near Times Square can lead to devastating injuries.

Historic cases across the city show just how dangerous unsafe property can be. From large hotel fires in Westchester to building explosions in Manhattan, lives have been lost, and families have been forever changed.

What to Do After a Premises Liability Accident

If you’ve suffered injuries in a premises liability accident, taking the right steps immediately can make a significant difference in your ability to recover maximum compensation. First, seek medical attention right away—even if your injuries seem minor—to ensure your health and create a record of your injuries. Next, report the accident to the property owner, manager, or responsible party, and request that an official accident report be completed. Be sure to gather evidence at the scene, including photographs or videos of the unsafe condition, your injuries, and the surrounding area. Collect witness statements and contact information from anyone who saw the accident occur. Finally, consult a knowledgeable premises liability lawyer or liability lawyer familiar with New York law. An experienced attorney can help you gather evidence, navigate the legal process, and fight for the compensation you deserve.

Filing a Premises Liability Claim

Filing a premises liability claim in New York involves several important steps, and having a skilled premises liability lawyer on your side can make the process much smoother. The first step is to file a formal complaint with the court, detailing the circumstances of the accident, the injuries you sustained, and the damages you are seeking. The property owner or their insurance company will then respond, either admitting or denying responsibility. Both sides will enter the discovery phase, exchanging evidence, witness statements, and expert testimony to build their cases. Many premises liability claims are resolved through negotiation and settlement, but some may proceed to trial if a fair agreement cannot be reached. Throughout this process, your premises liability lawyer will advocate for your interests, handle communications with the insurance company, and work to secure the compensation you need to recover from your injuries.

A Case Example

Our lawyers handled a case for a woman injured at a car dealership in New York City. She was walking through the service area when a car suddenly screeched toward her. While trying to get out of the way, she fell down a ramp, shattering her kneecap. She underwent multiple surgeries, including one to place a plate and screws in her knee.

The defense tried to blame her by creating a false accident report, claiming she fell unexpectedly and even suggesting her shoes caused the fall. Property owners or their insurers may also try to deny responsibility in a premises liability lawsuit to avoid paying damages. We fought back with witness testimony, depositions, and evidence that proved no dealership employee saw the incident as they described. After months of litigation, we secured a favorable settlement for our client.

This case shows how property owners and businesses sometimes try to avoid responsibility. Ultimately, our efforts resulted in a fair premises liability settlement for our client, ensuring she received a fair settlement for her injuries. Our role is to uncover the truth and protect the rights of injured clients.

Why Choose The Silbowitz Firm

Mitchell Silbowitz, our founder, has been practicing personal injury law in New York since 1989. Over his career, he has represented thousands of clients and earned recognition as a Super Lawyer from 2020 through 2024. As a Lifetime Member of the Million Dollar Trial Lawyers, he brings decades of courtroom experience and negotiation skills to every case. Our legal team has a strong track record of achieving successful outcomes in premises liability cases, demonstrating our expertise and commitment to client success.

We are committed to giving clients personal attention. Larger firms may pass cases between multiple lawyers, but our clients know they are working directly with experienced liability attorneys who have the knowledge and skills to handle complex litigation and secure favorable results.

Our Practice Areas

Our team of experienced premises liability attorneys is dedicated to helping individuals injured on someone else’s property. A premises liability attorney from our firm can handle complex cases, gather crucial evidence, and secure compensation for injuries caused by unsafe premises. While premises liability is a major part of our practice, we also represent clients in:

• Car accidents
• Construction accidents
• Medical malpractice
• Product liability
• Mass tort litigation
• Slip and fall accidents
• Elevator and escalator injuries

This broad experience allows us to see how different factors play into an accident, especially in cases involving multiple parties or overlapping areas of law.

Compensation in Premises Liability Cases

Injuries from unsafe property can lead to overwhelming costs. Depending on the case, victims may recover compensation for:

• Hospital bills and medical treatment
• Surgery and rehabilitation
• Lost wages or loss of future earnings
• Pain and suffering
• Disability or permanent limitations
• Medical bills related to the injury
• Wrongful death damages for families who lost a loved one

Our role is to make sure clients are not left paying the price for another party’s negligence. It is important to pursue compensation for all losses, including medical bills, after an injury on unsafe property.

New York City Landmarks and Premises Safety

From the steps of the Metropolitan Museum of Art to the sidewalks around Yankee Stadium, property safety is part of daily life in New York. York premises liability law governs the safety standards for someone’s property, including public landmarks and tourist destinations, setting clear legal responsibilities for property owners. The city has strict building codes designed to protect millions of people who live, work, and visit here. However, when property owners cut corners or ignore safety rules, accidents happen.

Tourist-heavy areas like Times Square, Central Park, and the Brooklyn Bridge see thousands of visitors every day. A single broken step, loose railing, or icy walkway can result in serious injury. We have represented clients injured in places just like these, where high foot traffic makes property maintenance even more important.

Contact Our Team

If you or a loved one has been injured on unsafe property, you may have the right to bring a premises liability claim. The Silbowitz Firm is here to guide you through the process and fight for your recovery. With more than three decades of experience and proven results, we know how to stand up to negligent property owners, corporations, and insurance companies.

Call us today at (516) 375-6692 for a free consultation. We offer a free case evaluation to help you understand your legal options and assess the strength of your premises liability claim.