Property owners and managers throughout New York City, New Jersey, and all five boroughs have a legal duty to maintain safe conditions on their premises. When injuries occur due to dangerous property conditions like slippery floors, inadequate lighting, broken stairs, or other hazards, our experienced premises liability attorneys help victims recover full compensation for medical expenses, lost wages, and pain and suffering.
Serving injured victims throughout Manhattan, Brooklyn, Queens, Bronx, Staten Island, Newark, Jersey City, and surrounding areas. Our NYC premises liability lawyers have secured millions in compensation for clients injured on unsafe property and fight aggressively to hold negligent property owners accountable.
Call our New York office at 212-465-8840 or our New Jersey office at 908-393-5662 for a FREE case evaluation.
Free Premises Liability Consultation
What to Do After a Premises Accident in NYC
Critical Steps to Protect Your Rights
- Seek immediate medical attention - Your health is the priority, and medical records establish crucial evidence of your injuries
- Report the accident - Notify the property owner, manager, or business immediately and request an incident report
- Document everything - Take photos and videos of the hazardous condition, your injuries, and the surrounding area
- Collect witness information - Get names and contact details from anyone who saw your accident
- Preserve evidence - Keep the clothes and shoes you were wearing, and save any physical evidence
- Do not give statements to insurance companies - Anything you say can be used to minimize your claim
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- Contact an experienced NYC premises liability attorney immediately to protect your legal rights
Understanding Your Rights as an Injury Victim
New York and New Jersey law provides strong protections for people injured on someone else's property. Property owners and managers have a legal duty to:
- Regularly inspect their premises for dangerous conditions
- Promptly repair hazards or provide adequate warnings
- Maintain safe lighting in all areas accessible to visitors
- Clear snow and ice from walkways within a reasonable time
- Keep floors dry and free from slipping hazards
- Ensure structural safety of stairs, handrails, and walkways
Time is critical in premises liability cases. Evidence can disappear quickly - hazardous conditions may be repaired, witnesses may forget details, and surveillance footage is often erased after 30-90 days. New York law requires filing your claim within three years, but waiting too long can severely damage your case. Learn more about slip and fall injury symptoms.
Types of Premises Liability Cases We Handle
Our New York and New Jersey premises liability attorneys represent injured victims in all types of property-related accidents throughout the NYC metropolitan area:
Slip and Fall Accidents
Slip and fall accidents are the most common type of premises liability case. Our NYC slip and fall lawyers handle injuries caused by:
- Wet or slippery floors in retail stores, restaurants, and office buildings
- Spilled liquids or food in supermarkets and shopping centers
- Freshly waxed or polished floors without warning signs
- Ice and snow accumulation on sidewalks and parking lots
- Oil, grease, or other slippery substances in parking garages
- Water leaks from plumbing or roofs creating slipping hazards
Trip and Fall Accidents
Trip and fall accidents occur when victims stumble over defects or obstacles on property. Common causes include:
- Broken or uneven sidewalks and walkways
- Cracked or damaged flooring and carpeting
- Exposed cables, cords, or hoses in walkways
- Potholes in parking lots and roadways
- Protruding nails, screws, or other objects
- Height differences between surfaces without warnings
- Debris or clutter left in walkways
Stairway and Escalator Accidents
Stairs and escalators present unique dangers when not properly maintained. Our attorneys handle cases involving:
- Missing or loose handrails
- Uneven or broken steps
- Poor lighting in stairwells
- Worn or damaged stair treads
- Malfunctioning escalators
- Improperly maintained elevators
Inadequate Security Cases
Property owners must provide reasonable security measures to protect visitors from foreseeable crimes. We represent victims of:
- Assaults in parking garages and lots
- Attacks in apartment buildings with poor security
- Robberies at businesses without adequate protection
- Sexual assaults due to negligent security
- Injuries from criminal acts in poorly lit areas
Swimming Pool and Recreational Facility Accidents
Pool owners and recreational facilities have heightened duties to prevent drowning and injuries:
- Drowning accidents due to lack of supervision
- Diving board and slide injuries
- Pool deck slip and falls
- Inadequate fencing or barriers
- Chemical exposure injuries
- Gym and fitness center equipment accidents
Toxic Substance Exposure
Property owners must protect visitors from harmful substances including:
- Mold exposure in residential and commercial buildings
- Lead paint exposure, particularly affecting children
- Asbestos exposure during renovations
- Carbon monoxide poisoning from faulty equipment
- Chemical spills and toxic fumes
Structural Defects and Building Failures
Serious injuries occur when buildings and structures are not properly maintained:
- Ceiling and roof collapses
- Balcony and deck failures
- Broken glass and window accidents
- Falling objects from buildings
- Fire escape accidents
- Construction zone injuries to pedestrians
Retail Store and Restaurant Injuries
Commercial establishments must maintain safe shopping and dining environments:
- Merchandise falling from shelves
- Automatic door malfunctions
- Shopping cart accidents
- Food poisoning and contamination
- Burns from hot food or beverages
- Injuries in bathrooms and fitting rooms
Dog Bites and Animal Attacks
Property owners can be liable for dog bites occurring on their premises. Learn about recovering damages for dog bite injuries.
Proving Property Owner Negligence in NYC
Elements of a Premises Liability Claim
To succeed in a New York premises liability case, our attorneys must prove four key elements:
- Duty of care - The property owner owed you a legal duty to maintain safe conditions
- Breach of duty - The owner failed to meet their responsibility by allowing a dangerous condition to exist
- Causation - The unsafe condition directly caused your injury
- Damages - You suffered actual harm resulting in medical expenses, lost wages, or other losses
Categories of Visitors and Their Rights
The level of care property owners owe depends on your legal status as a visitor:
- Invitees - Customers, clients, and other visitors invited for business purposes receive the highest duty of care
- Licensees - Social guests and others on property with permission receive a moderate duty of care
- Trespassers - Generally owed minimal duty, except for children (attractive nuisance doctrine)
Notice Requirements in New York
New York law requires proving the property owner had "notice" of the dangerous condition:
- Actual notice - The owner knew about the hazard but failed to fix it
- Constructive notice - The condition existed long enough that the owner should have discovered it during reasonable inspections
- Created by owner - The property owner or employees created the dangerous condition
Proving notice is often the most challenging aspect of premises liability cases. Our experienced attorneys use maintenance records, inspection logs, employee testimony, and expert analysis to establish that the property owner knew or should have known about the hazard.
Comparative Negligence in New York
New York follows a pure comparative negligence rule. Even if you were partially responsible for your accident, you can still recover damages reduced by your percentage of fault. For example:
- Total damages: $100,000
- Your fault: 20%
- Your recovery: $80,000
Insurance companies often try to exaggerate your fault to reduce their liability. Our premises liability lawyers fight these tactics to ensure you receive fair compensation.
Compensation Available for Premises Liability Injuries
Economic Damages
Economic damages compensate for measurable financial losses resulting from your premises liability injury:
- Medical expenses - Emergency room visits, hospitalizations, surgeries, physical therapy, prescription medications, and all past medical treatment
- Future medical care - Ongoing treatment, rehabilitation, assistive devices, home modifications, and long-term care needs
- Lost wages - Income lost while recovering from your injuries
- Lost earning capacity - Reduction in future earning potential if you cannot return to your previous occupation
- Property damage - Costs to repair or replace damaged belongings
- Out-of-pocket expenses - Transportation to medical appointments, home care services, and other accident-related costs
Non-Economic Damages
Non-economic damages compensate for intangible losses that don't have a specific dollar value:
- Pain and suffering - Physical pain, discomfort, and anguish caused by your injuries
- Emotional distress - Anxiety, depression, PTSD, and psychological trauma
- Loss of enjoyment of life - Inability to participate in activities you previously enjoyed
- Scarring and disfigurement - Permanent physical alterations affecting appearance and self-esteem
- Loss of consortium - Impact on relationships with spouse and family members
- Permanent disability - Lasting physical limitations and reduced quality of life
Wrongful Death Damages
When premises liability accidents result in death, surviving family members can recover:
- Funeral and burial expenses
- Loss of financial support and benefits
- Loss of services and companionship
- Pre-death pain and suffering
- Medical expenses before death
Recent NYC Premises Liability Settlements and Verdicts
Our firm has recovered substantial compensation for premises liability clients:
- $1.8 million settlement for client who suffered traumatic brain injury from ceiling collapse in Manhattan apartment
- $1.5 million verdict for slip and fall on icy sidewalk resulting in fractured hip and permanent mobility impairment
- $950,000 settlement for broken ankle and knee injury from trip and fall on defective sidewalk in Brooklyn
- $875,000 recovery for stairway fall due to inadequate lighting and missing handrail
- $650,000 settlement for sexual assault victim in apartment building with negligent security
How Hofmann & Schweitzer Builds Winning Premises Cases
Immediate Investigation and Evidence Preservation
Premises liability cases require swift action to preserve critical evidence. Our legal team immediately:
- Visits the accident scene - Photographs and measurements before conditions change
- Obtains surveillance footage - Security camera video often gets erased within 30-90 days
- Interviews witnesses - Statements while memories are fresh and witnesses are locatable
- Preserves physical evidence - Broken stairs, torn carpeting, or other hazards may be quickly repaired
- Sends preservation letters - Legal notices requiring property owners to maintain evidence
- Reviews maintenance records - Inspection logs, repair histories, and complaint records
- Examines weather reports - Conditions on the date of accident for slip and fall cases
Expert Analysis and Testimony
Complex premises liability cases often require expert witnesses to establish negligence:
- Property management experts - Industry standards for maintenance and inspections
- Engineering specialists - Building code violations and structural defects
- Safety consultants - Proper lighting, signage, and warning requirements
- Medical experts - Injury causation and future medical needs
- Economic experts - Lost earning capacity and lifetime damages calculations
- Security professionals - Adequate security measures for crime prevention
Thorough Legal Research and Case Preparation
Our premises liability attorneys leave nothing to chance:
- Research similar accidents at the same location
- Review code violations and safety citations
- Analyze property ownership and insurance coverage
- Document all damages with medical records and billing statements
- Prepare detailed demand packages for insurance companies
- Develop compelling presentation materials for negotiations and trial
Aggressive Settlement Negotiation
Insurance companies often undervalue premises liability claims. Our approach includes:
- Comprehensive documentation of all damages
- Strong medical evidence demonstrating injury severity
- Expert testimony establishing negligence and future damages
- Strategic negotiation tactics based on 35+ years of experience
- Willingness to take cases to trial when fair settlement isn't offered
Trial-Ready Representation
While many cases settle, our attorneys prepare every case for trial from day one:
- Extensive litigation experience in New York and New Jersey courts
- Proven track record of successful verdicts
- Comprehensive trial preparation and witness preparation
- Persuasive courtroom presentation skills
Frequently Asked Questions About Premises Liability
What is premises liability?
Premises liability is the legal responsibility property owners have to maintain safe conditions on their property. When someone is injured due to unsafe conditions like wet floors, poor lighting, broken stairs, or other hazards, the property owner may be held liable for damages including medical expenses, lost wages, and pain and suffering. In New York and New Jersey, property owners have a duty to regularly inspect their premises, repair dangerous conditions, and warn visitors of hazards they cannot immediately fix.
Who can be held liable in a slip and fall accident in NYC?
Several parties can be held liable for slip and fall accidents in New York City, including property owners, landlords, business operators, property management companies, and maintenance contractors. Liability depends on who had control over the property and who was responsible for maintaining safe conditions at the time of the accident. In many cases, multiple parties share responsibility, and our attorneys identify all potentially liable parties to maximize your recovery.
How long do I have to file a premises liability claim in New York?
In New York, you generally have three years from the date of injury to file a premises liability lawsuit under CPLR § 214. However, if your claim is against a municipality or government entity like the City of New York or NYC Housing Authority, you may need to file a notice of claim within 90 days of the accident. New Jersey has a two-year statute of limitations for most premises liability cases. It's crucial to consult with a premises liability attorney as soon as possible to protect your rights and preserve evidence.
What compensation can I recover in a premises liability case?
Victims of premises liability accidents in New York can recover compensation for medical expenses (both past and future), lost wages, reduced earning capacity, pain and suffering, emotional distress, permanent disability, scarring and disfigurement, loss of enjoyment of life, and in fatal cases, wrongful death damages including funeral expenses and loss of companionship. The amount depends on the severity of injuries, degree of property owner negligence, and impact on your life. Our attorneys work with medical and economic experts to calculate the full value of your claim.
What should I do immediately after a slip and fall accident?
After a slip and fall accident, seek immediate medical attention even if injuries seem minor, report the incident to the property owner or manager and request a written incident report, document the scene with photos and videos showing the hazard and surrounding conditions, collect witness contact information from anyone who saw the accident, preserve evidence like the clothing and shoes you were wearing, avoid giving recorded statements to insurance companies, and contact an experienced New York premises liability attorney before signing any documents or accepting settlement offers.
Can I still recover compensation if I was partially at fault?
Yes. New York follows a pure comparative negligence rule, meaning you can recover compensation even if you were partially at fault for your accident. Your recovery will be reduced by your percentage of fault. For example, if you are found 20% at fault for not watching where you were walking, you can still recover 80% of your total damages. Insurance companies often try to exaggerate your degree of fault to reduce their liability, which is why having an experienced premises liability attorney is crucial to protect your rights and maximize your recovery.
Why Choose Hofmann & Schweitzer for Your Premises Case
Decades of Premises Liability Experience in NYC and NJ
Our premises liability attorneys have successfully represented injured victims in New York and New Jersey for over 35 years. We understand the complexities of New York's premises liability law, including notice requirements, comparative negligence, and municipal liability rules. This extensive experience translates directly into better outcomes for our clients.
Proven Track Record of Results
We've recovered millions of dollars for premises liability clients throughout the NYC metropolitan area. Our recent successes include:
- $1.8 million settlement for traumatic brain injury from ceiling collapse
- $1.5 million verdict for slip and fall with permanent hip injury
- $950,000 settlement for trip and fall causing broken ankle
- $875,000 recovery for stairway accident with spinal injury
- $650,000 settlement for inadequate security negligence claim
Deep Local Knowledge of NYC Property Laws
As a New York and New Jersey firm, we understand local building codes, municipal regulations, and court procedures that affect your case:
- NYC Administrative Code requirements for property maintenance
- Snow and ice removal obligations under local ordinances
- NYCHA liability and notice requirements
- Special procedures for claims against New York City
- Borough-specific court rules and local judges
Personalized Attention to Every Client
Unlike large personal injury mills, we provide direct attorney access and individualized representation:
- Direct attorney communication - Speak with your lawyer, not just paralegals
- Regular case updates - Stay informed about every development
- Customized legal strategy - Every case receives individualized attention
- Compassionate support - We understand the physical and emotional toll of serious injuries
No Fee Unless We Win
We handle all premises liability cases on a contingency fee basis, meaning:
- No upfront legal fees - We only get paid if we win your case
- Free initial consultation - No cost to discuss your legal options
- We advance all costs - Including expert witnesses, investigation, and court fees
- You owe nothing if we don't recover - No hidden fees or surprise bills
Contact Our NYC Premises Liability Attorneys Today
Don't let property owners or insurance companies minimize your injuries or deny your claim. You have valuable rights under New York and New Jersey law, but these rights must be protected immediately after your accident.
Free Consultation - No Obligation
During your free consultation, our premises liability attorneys will:
- Review the details of your accident and injuries
- Explain your legal rights under New York or New Jersey law
- Discuss potential compensation you may be entitled to recover
- Outline our strategy for proving property owner negligence
- Answer all your questions about the legal process
- Provide honest assessment of your case strengths and challenges