New York Premises Liability Lawyer

What must I prove in a New York slip and fall case?

You generally must show that the owner created the dangerous condition, or knew or should have known about it, and failed to fix it or warn within a reasonable time. New York applies one standard of reasonable care, rather than ranking visitors as customers, guests or licensees.

The fight is usually about notice. A defendant has constructive notice when a hazard was visible and apparent and existed long enough that staff should have found it. That is why we look for cleaning logs, surveillance video, maintenance requests and witnesses who saw the hazard before the fall. A store that cannot show when it last inspected the aisle often has a hard time arguing it lacked notice.

Who is responsible for a broken sidewalk in New York City?

In most cases, the owner of the property next to the sidewalk. New York City generally places responsibility for maintaining sidewalks, including repairs and snow removal, on adjacent owners, with an exception for owner-occupied one-, two- and three-family homes used only as residences.

When that exception applies, or when the defect is in a curb, crosswalk or roadway, the city may be the right defendant. That shifts the deadlines: a notice of claim is generally due within 90 days, and the lawsuit must follow within a short period. Outside the city, towns and villages often have prior written notice laws that limit liability unless the defect was reported in writing beforehand. Our government and public property claims page explains these rules.

How do snow and ice claims work in New York?

Owners generally are not liable for falls during an ongoing storm, and they have a reasonable time after it ends to clear snow and ice. This is known as the storm in progress rule.

Once that reasonable time passes, an owner who leaves ice on a walkway, or who shovels in a way that creates a new hazard, can be responsible. Weather records matter in these cases. Certified records showing when the snow stopped, how cold it stayed, and whether freezing and thawing occurred can prove that a patch of ice was old rather than fresh. Upstate cities with lake-effect snow see many of these claims every winter.

Can a landlord be liable for a crime in an apartment building?

Yes, in some circumstances. A landlord may be responsible for an assault in a building when the attack was foreseeable and the landlord failed to take basic security measures, such as keeping entrance doors locked.

These claims often turn on whether the attacker was an intruder who got in through a broken door, or a resident or guest with a key. Prior crimes in the building, complaints about broken locks and buzzer systems, and missing lighting all bear on foreseeability. Our New York injury overview covers how other building-related claims, such as construction falls, are handled.

How does fault work if I was partly careless?

New York's pure comparative fault rule reduces your award by your share of fault, with no cutoff. Owners often argue that a hazard was open and obvious, but in New York that usually goes to your share of fault rather than ending the claim.

Consider an example. A tenant trips on a torn stair runner in a Bronx walk-up that she had reported twice. She was carrying laundry that blocked her view. The jury values her losses at $150,000 and assigns the landlord 80% of the fault and the tenant 20%. She recovers $120,000. Her written repair requests are what proved the landlord had notice.

What should I do after a fall on New York property?

Document the hazard before anyone fixes it, then report the fall in writing.

1. Photograph the hazard, the lighting and the surrounding area from several angles.
2. Ask the manager or super for an incident report and request a copy.
3. Get names and phone numbers of witnesses.
4. Keep your shoes and clothing as they were.
5. Ask us to send a letter requesting that video be preserved.

Most private premises claims must be filed within 3 years. If a dog attack happened on the property, see our dog bite page. If a fall at a hospital or nursing facility was tied to care, our New York medical malpractice page may apply. We offer a free case review and charge no fee unless we win.