Premises Liability

Holding Property Owners Responsible

People are injured every day throughout the city while walking on defective sidewalks, roadways and other types of property. If a property owner fails to maintain a property and a person is injured as the result of maintenance failure or something defective on the property, you may be able to pursue a personal injury claim. At Caesar & Napoli, our New York premises liability lawyers represent people who have suffered serious injuries as the result of falls, negligent security and other accidents involving property owner negligence.

Careful Investigation In Collaboration With Experts

Our skilled personal injury lawyers have extensive experience in premises liability law and have been successful in representing clients throughout New York City. We work with engineers and other professional experts who can examine the hazardous condition, and are fully ready to invest the time and resources into a case to protect our clients’ rights.

Our Brooklyn, Manhattan and Queens premises liability lawyers handle injury claims involving:

• Slip, trip and fall accidents
• Negligent security
• Elevator accidents
• Grocery and convenience store accidents
• Injuries from equipment falling
• Falls from spills, water and ice

Don’t Get Dismissed On A Technicality.

In New York, many premises liability cases are dismissed if they are not presented properly in court. An inexperienced attorney may not fully understand how to establish the facts of the case and may not present evidence that the defendant in the case (usually the property owner) was aware of the hazardous condition.

Schedule A No-Risk Consultation

At Caesar & Napoli, we do not charge for initial consultations. To schedule a meeting with one of our attorneys to discuss your injury case, please contact us at (888) 235-6766. Most personal injury cases are handled on a no-win, no-fee basis. We are not paid attorney’s fees unless we win a recovery for your case.

What to Do First After a Fall or Injury on Someone Else’s Property

Premises cases are won or lost on evidence that disappears fast. A spill gets mopped, ice melts, a broken step is repaired and security video is overwritten, often within days.

• Report it before you leave. Ask the store, building or property manager to make a written incident report, and ask for a copy.
• Photograph the hazard itself, from several angles. Include something for scale next to a broken step, a raised sidewalk flag or a torn mat.
• Photograph the wider area too. Lighting, missing handrails, absent warning cones and the position of nearby cameras all matter later.
• Get names. Witnesses, the employee who responded, and the manager on duty.
• Ask that video be preserved, in writing if you can. Many systems overwrite footage on a short cycle.
• Get medical attention promptly. Adrenaline masks injuries, and a delay is the first thing an insurer will point to.

What New York Requires You to Prove

Property owners in New York owe visitors a duty of reasonable care. That is not the same as a guarantee of safety, and a fall alone does not establish a case. In most premises claims the question is notice: did the owner create the dangerous condition, actually know about it, or should they have known about it because it existed long enough that reasonable inspection would have caught it. This is why timing evidence, cleaning logs, inspection records and prior complaints carry so much weight.

Several New York rules shape these cases in ways that surprise people:

• Sidewalk responsibility in New York City. Under the Administrative Code, responsibility for maintaining most sidewalks, and liability for injuries caused by failing to do so, sits with the owner of the abutting property rather than the City. There is an important exception for owner occupied one, two and three family homes used only as residences.
• Prior written notice for municipal defects. Where the City or another municipality is the proper defendant, a claim will often fail unless the specific defect had been reported in writing beforehand, or falls within a narrow exception.
• Snow and ice. New York recognizes a storm in progress rule, which generally gives a property owner a reasonable period after a storm ends before liability attaches. Establishing when the storm stopped, and what was or was not done afterward, becomes central.
• Comparative fault. New York applies pure comparative fault, so being partly at fault reduces a recovery in proportion to your share rather than ending the claim.

Deadlines That Can End a Premises Liability Claim

Most premises injury lawsuits must be started within three years of the injury, and wrongful death claims within two years of the death. If the property belongs to the City, a public housing authority, a transit agency, a school district or another public entity, a written Notice of Claim is generally required within 90 days of the accident, and the lawsuit itself usually must be filed within one year and 90 days. Because the identity of the owner drives which deadline applies, and ownership is not always obvious from the street, this is worth checking early.

Premises Liability Questions We Hear Most Often

I did not report the fall that day. Is my claim over?

Not necessarily. A late report makes the case harder because it gives the other side an argument, but it is not automatically fatal. Medical records, photographs, witnesses and video can still establish what happened.

The property owner says I should have seen the hazard. Does that end it?

No. An open and obvious condition can reduce what you recover, and it is a defense owners raise often, but New York’s pure comparative fault rule means partial responsibility reduces a recovery rather than barring it. An owner also still has a duty to maintain the property in a reasonably safe condition.

Who is responsible when I fall on a sidewalk in New York City?

Usually the owner of the abutting property, under the section of the Administrative Code that shifted that duty away from the City, with an exception for owner occupied one, two and three family homes. Where a tree well, a hatch, a grate or a utility cover is involved, another party may be responsible instead.

What if I was injured in a building where I live?

Tenants can bring claims against landlords and managing agents for dangerous conditions in common areas and, depending on the circumstances, within the apartment. If the building is public housing, the 90 day Notice of Claim requirement is likely to apply.

What does it cost to have my case reviewed?

Initial consultations are free. Most personal injury cases at the firm are handled on a no-win, no-fee basis, which means attorney’s fees are owed only if there is a recovery.

The information on this page is general and is not legal advice. Deadlines and outcomes depend on the specific facts of each case.