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Understanding Premises Liability Law in New York City

New York premises liability law requires property owners to keep their property safe from obvious and potential dangers. This means fixing hazards that could harm guests or visitors, and the premises liability applies to NYC landlords, homeowners, municipalities, and business owners.

Injured parties may seek compensation if a property owner fails to address a known hazardous condition in a reasonable time. An experienced premises liability lawyer can help demonstrate that the owner was aware of the danger and didn’t take preventive measures. Your personal injury lawyer can also assess your total financial damages and pursue the maximum recovery possible – usually through an insurance settlement or court award.

Contact HKD Today for a Free, No-Risk Assessment

Key Elements of a New York Premises Liability Claim

In premises liability, the “duty of care” is the obligation of property owners or managers to maintain their property in reasonably safe conditions, anticipating potential injuries to guests, the public, or even trespassers. To win a premises liability case, you must prove the property owner neglected this duty, often through negligence.

A successful claim hinges on establishing one of three scenarios:

A Property Owner Created a Dangerous Situation

Liability may arise if an action by the property owner or employee creates a hazard, like not addressing a spill in a trafficked area.

The Owner Was Actively Aware of the Hazard

If an owner or employee is informed about a hazard and ignores it, they can be liable for injuries.

The Property Owner Should Have Known about a Hazard

This is “constructive notice” and refers to situations where the owner should have been aware of a hazard but failed to address it, like consistently ignoring a tripping hazard at a construction site.

If you are unsure if you meet all the elements of a premises liability claim or what constitutes a known hazard, contact a New York premises liability lawyer at Hecht, Kleeger & Damashek, P.C.

How a NYC Premises Liability Lawyer Can Help

Whether you or a loved one were hurt in a crumbling building that should have been repaired years ago, on a decaying MTA subway platform, or in front of a business that should have removed debris, a New York premises liability lawyer should be the first call you make after getting medical care.

At Hecht, Kleeger & Damashek, P.C., our premises liability attorneys have extensive experience and success in securing compensation for accident victims in all sorts of premises-related injury cases. From scalding water to building collapses and falls, we are ready to assist and advise you on your legal options.

Investigate & Identify the Liable Party

After your initial consultation, where we discuss the details of your premises liability claim, HKD will immediately conduct a meticulous investigation to pinpoint the liable party or parties. This step is crucial, as premises liability cases can involve multiple potential defendants, such as property owners, tenants, transit companies like the MTA, government agencies, or maintenance companies. Property owners may also try to fix hazards right after an accident, making it difficult to get the needed evidence.

Our firm’s investigation process likely includes gathering evidence, such as surveillance footage, maintenance records, and witness statements, to build a solid case for its clients.

Negotiate & Handle Insurance

Negotiating with insurance companies or the city of New York is a complex and often challenging aspect of premises liability claims. Fortunately, HKD knows how to deal with insurance adjusters, who will be focused on minimizing your payout.

We will aggressively negotiate for everything you lost and will lose because of your injuries, as well as navigate the intricate policy clauses and legal jargon that accompany insurance claims. Our experience and court-tested dominance in this area ensure that our clients are not short-changed or overwhelmed by the insurance process.

Fight for Max Compensation

When another’s carelessness injures you, such as absentee landlords, negligent property owners, and careless local governments, you deserve to be made whole – physically and financially. The best way to accomplish this is by assessing how the accident injury impacted and harmed your life and seeking fair and full compensation for your damages. This includes tangible losses like medical expenses and lost wages and intangible damages like pain and suffering.

Our lawyers understand the long-term financial and emotional impact of premises liability injuries and advocate for the maximum compensation that reflects your experience, suffering, and what it will take to make things right.

Get Justice & Make NYC Safer

Beyond providing individual representation and advocacy, HKD’s approach to premises liability accidents does more than secure financial relief and a sense of closure for those hurt by negligence.

By holding negligent property owners and others accountable, we can help create an environment where other property owners and managers adhere to safety standards and take steps to correct issues. When you pursue a premises liability lawsuit, you can help prevent similar incidents in the future and make other New Yorkers a little safer.

NYC Premises Liability Cases We Handle

Premises liability scenarios in New York City range from common incidents like slip and fall accidents at the grocery store to less frequent but incredibly serious situations, like apartment fires due to neglected wiring or elevator tragedies.

At Hecht, Kleeger & Damashek, P.C., our elite NYC personal attorneys handle insurance claims and premises liability lawsuits arising from all types of property hazards and accidents:

Call HKD Today for a Free, No-Risk Assessment

Common Injuries from Premises Liability Accidents

Some of the most frequently seen injuries that stem from accidents on neglected, poorly maintained, and deteriorating properties include:

New York Premises Liability Statistics

  • There were 2,074 unintentional falls in New York City in 2021. Of these, 1,947 were nonfatal, and 127 were fatal.
  • There were 2,458 slip-and-fall claims filed against the City of New York in 2022
  • In the past 10 years, there have been an average of 50 injuries and 10 fatalities per year as a result of building collapses in NYC
  • More than 3 dozen NYC garages have recently been cited for crumbling ceilings, exposed and rusting reinforcing bars, and other defects.
  • Elevators and escalators are linked to more than 30 fatalities per year.

Successful Premises Liability Cases in New York

A successful premises liability case in New York usually hinges on proving that the property owner breached their duty of care, directly causing your injury and demonstrating the extent of your damages. It’s also crucial to file the claim within the statute of limitations and consider New York’s comparative negligence rule, which may adjust compensation based on your share of fault (if any).

At HKD, we are proud to have helped many clients receive significant and life-changing premises liability settlements and court rulings, including a recent $4.5 Million settlement for a man who fell from a building and $8 Million for a child burnt by scalding water.
Read more about our success in premises liability cases.

What to Do If You’re Injured on Someone Else’s Property

Whether you fell on a subway platform, slipped out front of a business, or suffered serious injury because a decaying New York building is falling apart, if you’re injured on someone else’s property, follow these steps to protect your health and legal rights:

  • Seek Medical Attention: Immediately get medical help for your injuries.
  • Document the Scene & Injuries: Take photos and notes of the accident scene and your injuries, if possible.
  • Report the Incident: Inform the property owner or manager about the incident.
  • Gather Witness Info: Collect contact details from any witnesses.
  • Consult a Premises Liability Lawyer: Get legal advice to understand your options and rights.
  • Avoid Discussing the Incident: Before consulting a lawyer, don’t share details with insurance companies or on social media.

Your Rights as a Premises Liability Injury Victim in New York City

As a premises liability injury victim in New York City, you may encounter property owners or insurance companies denying responsibility. Some may even try to blame you. But remember, you have several rights designed to protect your interests and enable you to seek compensation for your injuries.

With HKD’s guidance and help, you can assert your:

  • Right to Seek Compensation: You can seek compensation for injuries caused by unsafe conditions on someone else’s property. This compensation can cover medical bills, lost wages, pain and suffering, and other damages.
  • Right to Safe Conditions: Property owners in New York City are legally obligated to maintain their premises. As a visitor or guest, you can expect safe conditions when on their property.
  • Right to File a Lawsuit: If the property owner’s negligence leads to your injury, you can file a premises liability lawsuit against them.
  • Right to Legal Representation: You can hire a premises liability lawyer to represent you in negotiations with property owners or insurance companies and, if necessary, in court.
  • Right to Be Informed: You have the right to be informed about the insurance policies and coverage that may apply to your accident.
  • Right to Fair Treatment: many quickly discredit premises liability accidents, but you are entitled to a fair legal process, including a reasonable timeframe to file a claim.
  • Right to Reject Lowball Offers: You can reject settlement offers from insurance companies if they do not adequately compensate you for your injuries and losses.

New York City Premises Liability FAQs

What if I Slipped, Tripped, or Fell in a Parking Lot?

Parking lots are often private property, so the property owner may be responsible for your accident if you fall. If the owner knew about the dangerous situation and failed to rectify it or warn others about it, you may be able to obtain compensation if you were injured.

What Should I Do If I’m Injured in a Store or Business?

The business owner may be liable if you’re injured in a store or business establishment due to unsafe conditions, like wet floors or falling merchandise. It’s essential to report the incident to the store management immediately, document the scene, and seek medical attention. You should also consult a premises liability lawyer to discuss potential compensation.

Who is Liable for Accidents in NYC Apartment Buildings?

Landlords or property managers are typically responsible for maintaining safe conditions in apartment buildings or rental properties. If your injury is due to a hazard like a broken stairwell, icy entrance, or malfunctioning equipment, the landlord, building owner, or property manager may be liable.

Is There a Different Process for Injury Claims Against the City?

Yes, premises liability claims against the city or government entities in New York City have different procedures and often shorter timelines for filing. It’s vital to consult a lawyer promptly to ensure you meet all legal requirements.

How Long Do I Have to File a Premises Liability Claim in New York?

Like other personal injury lawsuits, a premises liability claim must be filed within three years of the date of the accident. However, there are exceptions. You should seek a free consultation with a premises liability attorney to start the claims process immediately.

What are the Exceptions to NY Premises Liability Law?

Premises liability in New York City includes exceptions based on the injured person’s status. Invitees are owed the highest duty of care, licensees less so, and trespassers the least, with specific rules for children, particularly in cases involving ‘attractive nuisances’ like swimming pools. Another exception is the ‘open and obvious’ doctrine, where a hazard is so apparent that the property owner may not be liable for injuries caused by it. In some instances, the responsibility might fall partially on a third party, like a maintenance company or contractor, rather than the property owner.

How Long Does a Premises Liability Case Typically Take in New York?

The time frame for resolving premises liability cases in New York varies. Simple cases like a fall in a parking lot may settle within months, while complex ones, especially those going to trial or that involve severe injuries, can take years. Factors affecting duration include the extent of investigation, negotiations with insurers, and court schedules. For a more accurate estimate of how long it may take to settle your claim, it’s best to consult an experienced attorney.

How Much Compensation Can I Expect in a Premises Liability Case?

Compensation in NYC premises liability cases typically includes medical expenses, lost wages, and pain and suffering, with amounts varying based on injury severity and case specifics. Economic damages are based on tangible losses, while non-economic damages, like pain and suffering, are more subjective. Punitive damages may also apply in cases of egregious negligence. The final amount may be adjusted for any comparative negligence on the part of the injured party.

Contact a New York City Premises Liability Lawyer Today

No one expects to be seriously hurt on another’s property because it was poorly maintained, or hazards were ignored. But unfortunately, it happens all the time in New York City. At Hecht, Kleeger & Damashek, P.C., our premises liability attorneys are here to answer your questions and deliver some relief in the form of justice and financial compensation. Contact HKD as soon as possible to get started.

There are never up-front costs and nothing unless you recover compensation. Call 212-490-5700 or contact us online to request a free consultation.

CLIENT REVIEWS

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09/09/2021

When I spoke to Mr.Noah Reiss he gave me valuable legal advice. Connected the dots who and why. He is a great asset to this firm. Will call him again as a friend. Thank you so much.

5 Stars Review 5
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08/11/2021

Ross Raggio, did an amazing job on my case. The office staff was responsive and very helpful to my questions and concerns. I had a very good experience. I highly recommend this firm.

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06/22/2021

I had a great lawyer with a great Paralegal that made everything easy to understand.

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04/01/2021

I am extremely satisfied and pleased most of all grateful for the services of Jonathan and his team! It is such a relief to have a strong team supporting you through a process that’s stressful. Thank you again for everything.

5 Stars Review 5
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03/01/2021

Hetch,Kleeger & Damashek, P.C., is the law office I highly recommend. My attorney Judd Kleeger, accomplished to represent me, support my needs & secure my future after suffering a traumatic accident. Other lawyers couldn’t guarantee this to me but Judd…

5 Stars Review 5
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02/25/2021

I can say without hesitation that if you are injured due to someone else’s fault, that no one will fight harder and more passionately for you than Jordan Hecht and Judd Kleeger. I have worked side by side with them…

5 Stars Review 5
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02/23/2021

Amazing job, settled my case in 90 days.

5 Stars Review 5
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02/23/2021

I highly recommend the law firm of Hecht, Kleeger & Damashek – as well as my attorney, Jordan Hecht. Jordan was able to answer all of my questions and put me at ease. He was always responsive and patient. He…

5 Stars Review 5
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02/23/2021

I have referred numerous cases to Judd Kleeger and the team at HKD. I feel very confident when i refer a client that they will be treated with the highest regard. Each of my referrals has had very positive experiences…

5 Stars Review 5
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01/29/2021

I was always able to reach my attorney Judd Kleeger with any concern I had about my case. He responded timely and with the utmost courtesy to my sometimes desperate phone calls and email. He knew exactly what to do…

5 Stars Review 5
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01/19/2021

The attorneys at Hecht, Kleeger & Damashek are smart, professional, responsive and dedicated to achieving the best results for their clients. Most importantly, they are trustworthy and genuinely good people who you can depend upon.

5 Stars Review 5
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01/18/2021

Judd Kleeger and his team are extremely competent, super professional and have achieved consistently better results than I or my clients had anticipated. He is my “go to” PI team. This was my experience over a decade and not just…

5 Stars Review 5
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01/15/2021

I have known Judd Kleeger for over a decade now. By far the smartest hardest working attorney I have ever dealt with. His advice has been spot on time and time again. Highly recommend him.

5 Stars Review 5
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01/15/2021

I retained Judd Kleeger for a personal injury case. I would, without hesitation, recommend Judd, and his firm, for anyone who finds themselves in a situation that demands a tenacious advocate who will not stop fighting until he gets results.

5 Stars Review 5
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01/15/2021

I can’t recommend Judd Kleeger enough. He is without a doubt the most professional lawyer I’ve encountered. Judd Kleeger is diligent and quick in his responses, always making sure his clients are in the right hands. I’ve never had to…

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01/14/2021

Judd Kleeger is an exceptional attorney who makes sure to get the best possible outcome for his client. He is always available, and is knowledgeable, prepared and dedicated to his clients. He is not afraid to go to trial and…

5 Stars Review 5
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01/14/2021

Mr. Judd Kleeger and his team at Hecht, Kleeger & Damashek are great! They always provide very thoughtful and caring advice. Mr. Kleeger is extremely professional and very easy to work with.

5 Stars Review 5
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01/06/2021

We quickly had to get legal counsel and we contacted Jordan Hecht. The rapport and guidance was outstanding at all times, prompt, timely and open for calls and updates. I can’t thank Jordan enough for his care, work and expertise….

5 Stars Review 5
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12/29/2020

Had a great experience with attorney Ross Raggio. He was professional and attentive every step of the way – would highly recommend.

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12/28/2020

Mr. Ross Raggio and his team at Hecht, Kleeger & Damashek, P.C., provided excellent legal services. His team and him were absolutely great, always returning calls or emails when we had questions about the case. Always very cordial, caring and…

5 Stars Review 5
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12/11/2020

My wife and i are very grateful to Mr. Jordan Hecht for his sincere compassion and legal assistance during one of the most challenging time in our lives. He was extremely professional and answered all of our concerns. Mr. Hecht…

5 Stars Review 5
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12/10/2020

Very professional and very responsive. I would highly recommend this firm to anyone in need of an attorney. The attorney Ross Raggio, who was personally assigned to my case consistently followed through and was able to bring the case to…

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12/08/2020

Mr. Ross Raggio went above and beyond to settle my case during the height of the pandemic, a time when my options appeared limited and the likelihood of a satisfactory resolution seemed slim. He was responsive and professional, and was…

5 Stars Review 5
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12/07/2020

I was a sole practitioner specializing in personal injury law in NYC for more than 36 years. When I decided to retire, I had to make several critical decisions before terminating my practice. To whom should I refer my clients…

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12/07/2020

Ross was always available and working with my best interests, also very thorough with any questions I had along the case. Will recommend to others!

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12/04/2020

Jordan Hecht of Hecht, Kleeger & Damashek is the best lawyer I’ve ever worked with.  He is smart, tough, and very professional. I highly recommend the firm and could not have asked for a better outcome.

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12/03/2020

The HKD law firm is highly professional, responsive and caring. They were willing to handle my case when other firms declined. Not only did we win our case, but received a huge settlement.

5 Stars Review 5
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12/03/2020

My representation by Jordan Hecht and the whole staff at Hecht, Kleeger and Damashek was top notch professional and very productive

5 Stars Review 5
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12/02/2020

I have had the pleasure to work alongside Ross Raggio on several matters. He is an extremely talented attorney with an exceptional understanding of the law. I would recommend him and HK&D to anyone looking for a personal injury attorney.

5 Stars Review 5
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12/02/2020

I came to know the firm through my relationship with one of the partners, Jordan Hecht. Jordan and I became close friends in law school. I have since referred several cases to Jordan and his firm ranging from a mesothelioma…

5 Stars Review 5
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12/02/2020

From the moment that I contacted this Law firm and got assigned Mr. Ross. They have been nothing but helpful, Especially Mr. Ross. In the time that Mr. Ross took my case, it took him 3 months to a get…

5 Stars Review 5
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10/27/2020

The best

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01/21/2020

I cannot speak highly enough about this firm. The situation that necessitated my need for legal representation was very stressful on me and my family and the lawyers here were with me every step of the way. I could always…

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07/05/2015

I retained Hecht, Kleeger & Damashek for a serious personal injury case. They were very professional and managed to obtain a settlement for me that far exceeded my expectations. I would strongly recommend this firm for anyone’s legal needs.

5 Stars Review 5
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07/05/2015

After meeting a half dozen lawyers at different firms, I decided to go to Hecht, Kleeger and Damashek. As soon as I met Jon Damashek, I knew I had to look no further. Mr. Damashek made me feel at ease…

5 Stars Review 5
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07/05/2015

After meeting with Jon Damashek I knew immediately he was the right attorney for me. I had met with other attorneys in the past, but Jon’s experience, knowledge, and track record were most impressive. I highly recommend Jon Damashek and…

5 Stars Review 5
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07/05/2015

I know all three named partners at this firm and highly recommend them. They are very professional and tireless advocates for their clients. If you need a personal injury attorney, you cannot do better than Hecht, Kleeger & Damashek.

5 Stars Review 5
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07/05/2015

I have worked with countless attorneys over the years and Jon Damashek stands out among them. I have seen first hand him advocate for his clients vigorously. He fights for the rights of the seriously injured, does not back down…

5 Stars Review 5
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07/05/2015

I had the opportunity to work with Jon Damashek and had an amazing experience. I have known Jon for many years and always felt very comfortable relying on his expertise and knowledge of the law and more importantly his ability…

5 Stars Review 5
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07/05/2015

I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome to my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…

5 Stars Review 5
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06/05/2019

I had the opportunity of having this amazing team of lawyers work on my case. When I first met with Jordan Hecht and Michael Kusz, I really liked their energy and the spunk that they had, it meant business and…

5 Stars Review 5
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05/01/2015

“I had the opportunity to work with Jon Damashek and had an amazing experience. I have known Jon for many years and always felt very comfortable relying on his expertise, knowledge of the law, and more importantly – his ability…

5 Stars Review 5
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05/01/2015

“I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome of my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…

5 Stars Review 5
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Average 5 out of 5 rating based on 43 Reviews