What Is Premises Liability?
Under the current New York Property Maintenance Code, all property owners who welcome people onto their premises must keep these spaces safe. When they fail in that duty, and someone gets hurt, premises liability law protects the injured person's right to compensation.
This protection extends beyond just fixing obvious dangers. Property owners must actively look for potential hazards like loose railings or burned-out lights in stairwells. They need to either fix these problems promptly or warn people about them.
Under New York's "pure comparative negligence" law, even if you weren't paying full attention when you got hurt — for example, maybe you were looking at your phone while walking — you can still seek compensation. The amount might be reduced based on your role in the accident, but you don't lose your right to recover damages completely.
Types of Premises Liability Cases We Take On and Win
Whether you've been injured in a private residence, commercial building, or public space, our attorneys have the determination and skill to pursue your claim. We handle cases including:
- Dram Shop Liability
- Elevator & Escalator Accidents
- Municipal Liability
- Negligent Security
- Slip and Fall Accidents
- Trip and Fall Accidents
- Sidewalk Accidents
- Lead Paint Poisoning
- Rooftop Negligence
- Apartment Accidents
- Faulty Stairwell Accidents
- Airbnb Injuries
- School Daycare Injuries
- Snow/Ice Accidents
Each type of property injury brings unique challenges. We've handled them all successfully and are ready to put this specific experience behind your case.
How Injuries on Someone's Property Happen
Most property accidents are traced back to owners putting profits over safety. Some delay repairs until something breaks. Others hire untrained maintenance staff. Many ignore complaints until serious injuries occur. Looking closer at the causes shows three main patterns in premises liability cases:
- Poor Maintenance: When property owners cut corners on repairs and upkeep, serious accidents happen. Many skip routine maintenance to save money or delay fixes until something breaks. This leads to dangerous conditions like broken stairs that collapse, crumbling sidewalks that trip people, and faulty elevators that suddenly stop working. Under New York law, these failures often mean full liability for injuries.
- Health Hazards: Every property faces daily risks that need constant attention. Spills in grocery aisles, ice build-up on walkways, and loose floor tiles all threaten visitor safety. People get hurt when property owners don't monitor for these dangers or fix them quickly. New York law sets strict time limits — like clearing snow within 4 hours — but many owners ignore these rules.
- Security Failures: Property owners must protect visitors from preventable crimes. Yet many cut costs on basic security — leaving broken locks unfixed, parking lots poorly lit, and security staff untrained. These choices save money but put visitors at risk of assault, theft, and other crimes that proper security could prevent.
What to Do After Being Injured on Someone Else's Property
After getting hurt on someone's property, your actions in the first hours and days matter. An immediate call to our premises liability lawyers should be one of your first calls - even before speaking to the property owners or insurance companies. They protect your rights from the start and guide your next steps while you focus on recovery. Property owners have lawyers and insurance adjusters working against your claim immediately, so having legal help levels the playing field.
Call Our Premises Liability Lawyers First
Don't wait until things get complicated. A lawyer helps gather evidence, handles insurance companies, and makes sure you don't miss important deadlines. Many offer free consultations and only get paid if you win.
Document Everything
Take photos of where you got hurt and what caused your injury. Get the names and phone numbers of any witnesses. Save torn clothing or broken items — they're proof of what happened. Time erases evidence, so act fast.
Get Medical Help
See a doctor immediately, even if injuries seem minor. Some problems, like head injuries or internal damage, get worse over time. Tell medical staff exactly how you got hurt and follow their treatment plan.
Report the Incident
Let your lawyer guide you through this step — what you say matters. They'll help report the incident properly while protecting your rights. You need documentation but not admissions that could hurt your case.
Watch Your Communication
Don't accept blame, post on social media, or talk to insurance companies. Don’t ever give a statement to an insurance adjuster without having our attorneys there. They are not on your side, and their friendly questions aim to reduce what they pay you. Let your lawyer handle these conversations.
Track Your Losses
Save receipts for expenses. Note missed work days and medical appointments. This documentation helps your lawyer prove the full impact of your injuries.
Remember: Property owners have lawyers and insurance adjusters working against your claim from day one. Their sole job is to pay you as little as possible for your losses and pain and suffering. Having your own legal representation early protects your rights and helps secure fair compensation.
Time is of the Essence. Get Help Today!
Time-sensitive evidence needs quick action. Talk to our premises liability team now about protecting your rights to compensation!
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Who Can Be Held Liable for Property Injuries
Property accidents often involve more than just the owner. Multiple parties may share responsibility for your injuries:
- Property Owners: They set maintenance budgets and safety policies that directly impact visitor safety. Their decisions about repairs, security, and upkeep can lead to accidents.
- Property Managers: Daily operations fall under their watch. When they skip inspections or ignore complaints, people get hurt.
- Maintenance Companies: Outside contractors handle many property repairs. Their poor work or delayed responses create hazards.
- Security Companies: Their failures can lead to assaults or theft in buildings they're paid to protect.
- Retail Stores: Store owners must prevent and clean spills, secure merchandise, and maintain safe aisles.
Do You Have a Premises Liability Case?
Not every accident on someone else's property leads to compensation. But if a property owner's negligence caused your injury, you likely have a claim (premises liability lawsuit). A few important points are identifying what caused you to fall or be injured. Be as specific as possible. Without pointing to the exact issue, it could jeopardize your recovery.
Second, being aware of your status as a visitor helps determine the property owner's legal duties toward you. Your right to compensation depends on why you were on the property when you got hurt. New York law recognizes three types of visitors, each with different levels of protection:
Types of Visitors and Their Rights
Your rights after a property injury depend on why you were there. New York law sets different safety standards based on your relationship with the property owner:
Business Visitors
These include shoppers, tenants, and anyone invited for business gets the most substantial protection. Owners must maintain the highest safety standards when you are paying to be somewhere — like shopping or renting, for example. They must inspect regularly, fix problems promptly, and warn about hazards.
Social Guests
Friends, family members, and invited visitors deserve reasonable safety, though less than business visitors. Property owners must tell you about known dangers and fix serious hazards before you visit.
Unexpected Visitors
Even those without permission get basic protection. While owners owe them the least duty, they can't set traps or deliberately create dangers.
Elements of a Premises Liability Case and How to Prove It
To win compensation, you'll need evidence showing:
- The Hazard Existed: Photos, videos, or witness statements proving the dangerous condition.
- They Knew About It: Previous complaints, maintenance records, or security logs showing awareness of the problem.
- They Failed to Act: Proof they ignored the danger or didn't fix it properly.
- It Caused Your Injury: Medical records linking your injuries directly to the property condition.
Time Limits for New York Premises Liability Claims
New York sets strict deadlines for premises liability claims. These filing deadlines are called the Statute of Limitations. Missing these time limits can block your right to compensation forever:
- Private Property: You have 3 years from your injury date to file a lawsuit against property owners, businesses, or landlords.
- Government Property: Claims against the city, state, or other public entities face much shorter deadlines: 90 days to file a formal notice of claim (1 year and 90 days total to file your lawsuit thereafter). Federally owned properties within the state have different deadlines. For example, if you slip and fall at a U.S. Post Office, you would have different filing deadlines to sue the federal government.
Special Cases: Some situations alter these deadlines — for example, cases involving minors, claims against the Port Authority, and injuries in public housing. The most important thing is to contact our experienced premise liability lawyers as soon as possible to get your case filed within the proper time frame.
How to Know if You Have a Strong Premises Liability Case
Your premises liability claim is stronger when:
- The owner knew about the danger
- Similar accidents happened before
- Required maintenance was skipped
- Safety regulations were ignored
- You have clear evidence of negligence
- Your injuries match the accident
- You reported it promptly
- You sought medical care quickly.
Property owners often claim they "didn't know" about dangers or that you "should have seen" them. A premises liability lawyer knows how to counter these defenses with evidence that proves negligence.
Damages You Can Recover After Being Hurt on Someone Else's Property
When property owner negligence leads to injuries, you deserve compensation that covers all your losses. Property owners and their insurance companies often try to minimize payment, but New York law protects your right to full compensation for:
- Medical and Treatment Costs: All expenses for healing and recovery, from emergency room visits to long-term rehabilitation. This includes ambulance rides, surgeries, physical therapy, medications, and any future care you'll need for your injuries.
- Lost Work and Income: Money you've lost by missing work, including salary, commissions, bonuses, and benefits. If your injuries affect your future earning ability or force a career change, you can claim these long-term losses, too.
- Pain and Suffering and Life Changes: Beyond just bills and lost wages, you deserve compensation for physical pain, emotional distress, and how injuries change your daily life. This includes trouble sleeping, anxiety, depression, and activities you can no longer enjoy.
- Loss of Consortium: Your spouse is entitled to damages for the loss of help and companionship while you were injured.
Property injury cases demand strong legal representation. Insurance companies start building their defense immediately. The right legal team knows how to calculate your actual losses, gather supporting evidence, and fight for the full compensation you deserve.
How Sakkas, Cahn & Weiss Will Help You After a Property Injury
When you choose Sakkas, Cahn & Weiss for your premises liability case, you get a team focused on your recovery and results. We handle every aspect of your claim so you can focus on healing. From day one, we investigate thoroughly, gather evidence before it disappears, and build the strongest case. Your concerns become our priorities — whether that's covering medical bills, dealing with aggressive insurance companies, or fighting for full compensation.
Immediate Investigation
We dive deep into every detail of your accident. Our team visits the scene, interviews witnesses while memories are fresh, secures surveillance footage, and reviews maintenance records. We work with safety experts to prove how the property owner's negligence caused your injuries.
Direct Attorney Access
Unlike firms that pass clients to case managers, our partners handle your case personally. You get our direct phone numbers and prompt responses to your questions. We will keep you updated on progress and explain each step clearly.
Insurance Company Shield
We take over all dealings with insurance adjusters and defense lawyers. Their tactics don't work when they have to go through us. We know their strategies and how to counter low-ball offers to get you fair compensation.
Full-Service Support
Beyond only legal work, we help you find the right medical specialists, deal with insurance paperwork, document lost wages, and connect you with any support services you need. Your recovery becomes our priority.
Time matters in property injury cases — evidence disappears, witnesses move, and deadlines approach. Our attorneys are ready to review your case and outline your options at no cost.