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Under New York premises liability law, NYC property owners have a legal duty to maintain reasonably safe conditions for visitors. Injured parties may seek compensation if a property owner causes, knows about, or should know about a hazardous condition and fails to fix it in a reasonable time. With over $825 million recovered for New Yorkers and decades of premises liability experience, our NY property accident lawyers can prove negligence, assess your damages, and fight for maximum recovery.

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We’re Elite Attorneys for New York City Property Accidents

In New York City, premises liability accidents—such as slip-and-falls, broken staircases, poor lighting, and elevator malfunctions—are alarmingly common, with over 2,450 slip-and-fall claims filed against the city in 2022 and 127 fall-related deaths in 2021 alone. These preventable incidents continue to impact residents across all five boroughs, underscoring the importance of holding negligent property owners, landlords, or city agencies accountable. Jordan Hecht, Jonathan Damashek, and Judd Kleeger of Hecht, Kleeger & Damashek, P.C. leverage decades of litigation and personal injury law experience, helping injured New Yorkers recover the compensation they deserve from property owners, landlords, or city agencies.

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What Is Premises Liability And Do I Have A Case?

Video Highlights

  • The owner of a building has to provide a safe place for you to live or visit
  • By not following building codes, property owners can make places you live or visit unsafe

Video Transcript

A premise liability case in the state of New York basically arises from the breach of the owner's duty to provide a reasonably safe premise. And basically what it means is an owner of a building, ... whether it be a home or an apartment building, has to provide you with a safe place to live or visit. So, for example, they have to comply with building codes as it relates to the geometry of stairs, handrails. They have to provide proper lighting. They have to fix leaks so ceilings don't collapse. They have to make sure there's no lead paint in their premises. They have to fix broken steps or cracked sidewalks. I mean, all these are obligations of the owners. These aren't suggestions for the owners. These are what they have to do. If you make the decision to own a property and invite the public in, these are the things you need to do. And if someone gets hurt because the owner didn't do those things, that's when Hecht, Kleeger & Damashek will step in, and we'll make a claim against that owner, and we'll sue that owner and recover money for our client.

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NYC Property Accidents We Handle

At Hecht, Kleeger & Damashek, P.C., our experienced New York City attorneys handle complex unsafe and dangerous property cases across all five boroughs. Whether it happened in a Midtown office building, a Bronx apartment complex, or a store in Brooklyn, we fight for victims injured due to negligent property maintenance or management.

  • Slip & Falls – Common on icy sidewalks, grocery store aisles, and poorly maintained stairwells throughout NYC.
  • Elevator Accidents – Malfunctions and sudden drops in residential or commercial buildings often result in serious injury.
  • Escalator injuries – Frequently occur in department stores, subways, and malls when safety mechanisms fail.
  • Inadequate Building Security – Includes assaults or robberies in unsecured apartment lobbies or stairwells.
  • Falling Objects – Construction sites and aging façades in Manhattan and beyond pose serious risks from unsecured debris.
  • Dog Bites and Animal Attacks – Liability may fall on owners in parks, private homes, or building common areas.
  • Defective Staircase Accidents – Broken or uneven stairs in NYC walk-ups or public buildings can lead to devastating falls.
  • Subway & MTA Accidents – Injuries linked to poorly lit subway platforms, turnstile hazards, or malfunctioning station equipment.
  • Lead & Toxic Exposure – Common in older NYC apartments, especially those with lead paint or mold issues.
  • Building & Ceiling Collapse – Often caused by negligent repairs or water intrusion in rent-stabilized and subsidized housing.
  • Electrical Accidents – Faulty wiring or exposed electrical components in commercial buildings and construction zones.
  • Fires, Burns & Scalding Water Accidents – From housing code violations to water heater malfunctions in NYC rentals.
  • Accidents in Parking Lots or Garages – Poor lighting, potholes, and negligent design create serious fall and impact hazards.
  • Injuries at Sporting Events, Concerts & Venues – Crowd mismanagement and poor security often play a role in injury events.
  • Accidents at Schools & Daycares – Caused by improper supervision, unsafe equipment, or building hazards.
  • Municipal Liability & Claims Against NYC – For injuries on city-managed property like sidewalks, parks, and public housing.

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Common Injuries in NYC Premises Liability Cases

Unsafe property conditions across New York City lead to a wide range of physical harm. At HKD, we help clients recover full compensation for injuries sustained in everything from high-rise falls to daycare hazards.

  • Bruises & Sprains – Common in slip and fall incidents in lobbies, sidewalks, and transit stations.
  • Cuts & Lacerations – Often caused by broken glass, sharp edges, or unguarded fixtures.
  • Broken Bones and Fractures – Serious injuries that may require surgery and long recovery, are common in stairway and elevator accidents.
  • Spinal Cord Injuries – Can result in partial or full paralysis after falls from heights or collapsing structures.
  • Traumatic Brain Injuries (TBIs) – Caused by falling objects, head trauma in stairwell accidents, or slip-and-falls.
  • Burns – Resulting from fires, scalding tap water, or exposed heating elements in rental units.
  • Electrical shocks or electrocution – Linked to poor wiring or exposed outlets, especially in older NYC buildings.
  • Respiratory & Long-Term Illness Linked to Toxic Exposure – including lead poisoning, asbestos exposure, and mold-related illness.
  • Drowning or Near-Drowning – Occurs in improperly secured pools or unsupervised daycare environments.
  • Wrongful Death – Tragically common in cases of structural collapse, fires, and escalator or elevator malfunctions.

Suing Negligent Landlords & Property Owners in NYC

The Elements of a NYC 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 in New York, you must prove the property owner neglected this duty, often through negligence.

To win a premises liability case in New York, we must prove:

  • A dangerous condition existed
  • The owner knew or should have known about the hazard
  • The hazard caused your injury
  • You suffered actual damages

Property owners may be liable if they caused the hazard, ignored complaints, or failed to inspect and maintain the property. Our attorneys will determine if you have a valid claim and fight for every dollar you’re owed.

How a NYC Premises Liability Lawyer Can Help

How a NYC Premises Liability Lawyer Can Help

 

 

 

 

 

 

 

  • Immediate Investigation – We gather crucial evidence before it’s lost, including video surveillance, witness statements, maintenance logs, and building code records.
  • Identify Liable Parties – Property owners, building managers, maintenance companies, contractors, or the City of New York may all share liability. We find out who’s responsible.
  • Negotiate with Insurers – HKD aggressively negotiates with insurance companies to demand full compensation for medical bills, lost wages, and pain and suffering.
  • Take Your Case to Trial If Needed – Our experienced trial lawyers are ready to fight in court if fair compensation isn’t offered.

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 premises liability lawyer, don’t share details with insurance companies or on social media.

Challenges in New York Premises Liability Cases

Call 212-490-5700 or contact us online to request a free consultation with a NY property accident attorney. Our law firm is located in Midtown Manhattan and serves clients in Manhattan, Brooklyn, the Bronx, Queens, Staten Island, and all across New York City.

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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.

Can You Sue for an Injury on Private Property in New York?

NYC Premises Liability Cases We Handle

Compensation for NY Property Accidents

You may be entitled to both economic and non-economic damages, depending on the severity of your injuries and the impact on your life.

Economic Damages (Tangible Losses)

  • Medical expenses (current and future)
  • Lost wages and reduced earning capacity
  • Property damage
  • Out-of-pocket costs (e.g., transportation, caregiving)

Non-Economic Damages (Intangible Losses)

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Loss of consortium (impact on relationships)

An experienced NYC premises liability lawyer at HKD can evaluate your total damages and fight for the maximum compensation allowed by law.

Our Record of Successful NY Premises Liability Cases

A successful premises liability case means proving the property owner’s breach of duty directly caused your injury and establishing your full damages. At HKD, we’ve secured life-changing results for those injured in all types of NY property accidents from falls, broken stairways, elevators, and even scalding water. Let us explain your options.

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 premises liability attorney.

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 with a premises liability attorney near you.

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