New York City Premises Liability Lawyer | FREE Consult | Hecht, Kleeger & Damashek

Were you injured on someone else’s property? Whether it was caused by negligent security, a defective staircase, or a slip and fall at a grocery store, our New York premises liability lawyers can help. Our law firm has years of experience helping injured New Yorkers in premises liability cases, including a recent $4.5 million settlement.

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

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What is New York Premises Liability Law?

Hazardous conditions can make visiting any property dangerous, especially if the owner is not following their duty to keep the grounds safe. Under New York’s premises liability law, property owners or occupiers must keep their property free of “obvious and potential” dangers. That means they need to correct anything that could harm guests or visitors.

You might be able to pursue compensation if the owner doesn’t take care of a hazardous condition in a reasonable amount of time. You might have a case if the owner doesn’t correct a hazard once they know about it. You can work with an experienced premises liability lawyer to establish that the owner knew of the danger and didn’t act to prevent accidents.

At Hecht, Kleeger & Damashek, P.C., our knowledgeable and highly experienced premises liability lawyers are here to listen, investigate what led to your injuries, and advise you of your legal options. With decades of experience and hundreds of millions of dollars recovered for accident victims in situations like yours, we know what it takes to pursue premises liability claims and how to secure every dollar you deserve.

What is Duty of Care?

In premises liability law, the “duty of care” relates to the relationship between the hazard that injured you and the property owner. You’ll have to prove they were responsible for the hazard and that their action, or, in some cases, inaction, caused your injuries.

New York property owners are expected to keep their property in “reasonably safe” conditions. They are tasked to avoid the risk of potential injuries, no matter who comes to their property. Property owners must take reasonable action to keep hazards to a minimum, whether they expect guests, the public, or trespassers.

Proving Duty of Care after a Premises Injury Accident

For a premises liability claim to be successful, you’ll need to establish the property owner neglected their duty of care. In personal injury cases, negligence means the defendant breached their duty of care.

You’ll have a valid premises liability case if you can prove one of three things:

  • The Defendant Created a Dangerous Situation: if someone’s actions are more than likely to pose a threat to anyone visiting their property, they may be negligible. Say someone spills ice in a highly trafficked area of a restaurant. If they don’t put out a caution sign or warn customers, they could be liable for injuries that hazard causes.
  • There was Actual Notice of the Defect: if a property owner or employee is told about a hazardous situation and chooses not to act, they could be negligible for any injuries that situation causes. Suppose a customer spills their drink in a restaurant, and they tell an employee. If that employee doesn’t clean the spill or warn other patrons, they might share responsibility for injuries that spill causes.
  • There was Constructive Notice of a Defect: unlike actual notice, constructive notice means the property owner should have known about the hazard on their property, but didn’t take any action to correct it. Imagine if at a construction site, someone constantly leaves a hose out in a place that could trip people. If that hose consistently presents a tripping hazard and someone’s injured, the construction workers or property owners should have known to correct the hose before it became an issue.

A Compensable Injury

You must establish that you were injured in an accident because of a hazard on the property, and you must prove the direct link between the owner or occupier’s failure to act and your injury.

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. today.

Compensation in New York Premises Liability Cases

If you can establish that a property owner or occupier’s negligence caused you harm, then you can seek compensation for your:

A Record of Success in NYC Premises Liability Claims

At Hecht, Kleeger & Damashek, P.C., we are proud that we have helped many clients receive significant premises liability settlements and court rulings. A sample of some of our results includes:

Common Premises Liability Claims in NYC

At Hecht, Kleeger & Damashek, P.C., our attorneys handle insurance claims and premises liability lawsuits arising from all types of property hazards and accidents, including but not limited to:

  • Slip and Fall Accidents: when you slip, trip, stumble, or fall on someone’s property because of hazardous conditions, you might have a premises liability case. These injuries can happen at work, in public, or on people’s private property.
  • Lead Poisoning: whenever someone is exposed to a toxic element like lead, they might have a case for toxic exposure liability. Property owners must remove lead from homes with children under six.
  • Stair Accidents: property owners are expected to prevent hazardous conditions. Broken or defective stairs can lead to serious injuries.
  • Elevator Accidents: property owners are expected to have elevators safely installed and regularly maintained and inspected to ensure safety. Elevator accidents can happen, and if the owner knew of the risk, they could be liable.
  • Escalator Accidents: although they may not seem like a threat, a malfunctioning escalator could cause serious harm. Property owners must ensure they don’t pose a hazard to patrons or guests.
  • Swimming Pools: like other pieces of property, pools need to be regularly maintained and inspected to ensure they aren’t hazardous. If property owners neglect their pools, they could cause accidents.
  • Negligent Security: property owners should be conscious of possible crimes on their premises. If they aren’t taking reasonable security measures to prevent incidents, they could be liable.
  • Amusement Park Accidents: amusement parks are meant to be enjoyable, but the fun might stop if the park is neglected and someone gets hurt. If a hazard could have been prevented, there may be a case for liability.
  • Ceiling Collapse: people have a reasonable expectation that the building they’re in should be safe. However, the integrity of the structure may not be great: if the owner knows there’s a danger to occupants, there might be a case if the ceiling collapses.
  • Burning and Scalding Injuries: Landlords are required to provide hot water of at least 120 degrees to their tenants at all times. However, there could be a risk for burns if the water is too hot or old radiators leak.
  • Municipal Liability: if you’re hurt somewhere the city maintains, like a sidewalk, parking lot, park, or playground, you could bring a case against the city. These cases require quick action, filing a notice of claim within 90 days.

Frequently Asked Questions

  1. 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.

  1. Who Is Responsible For a Slip and Fall at a Construction Site?

Accidents at construction sites may be the fault of many different parties, including the property owner, a general contractor, a construction company, or another third party. You may even be able to recover monetary damages if you were working at the time.

  1. 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 right away.

Contact a New York Premises Liability Lawyer for Help

Whether you were at work, playing with your children at the park, or were running errands, you never expected to end the day in the hospital. Unfortunately, that is often what happens when you are injured on another person’s property. Our premises liability attorneys are here to answer your questions and deliver some relief. Contact Hecht, Kleeger & Damashek, P.C. as soon as possible so that we can get started.

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

CLIENT REVIEWS

Google Reviews

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.

5 Stars Review 5
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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.

5 Stars Review 5
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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…

5 Stars Review 5
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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

5 Stars Review 5
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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