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Premise Liability

Premises Liability Attorneys

When someone is injured because of unsafe or defective conditions on another’s property, they may have the right to seek compensation through a premises liability claim. At Held & Hines LLP, our attorneys have years of experience handling premises liability cases throughout New York and can help you pursue the damages you deserve.

What Is Premises Liability?

Premises liability refers to the legal responsibility of property owners and occupiers to maintain reasonably safe conditions. When a person is injured on someone else’s property due to negligence, they may be entitled to compensation.
Common examples of premises liability cases in New York include:

  • Slip and fall accidents
  • Trip and fall incidents
  • Broken handrails or uneven flooring
  • Inadequate lighting
  • Falling debris or objects
  • Unsafe stairs, elevators, or escalators
  • Negligent security resulting in injury

Legal Standard in New York

New York does not follow the traditional distinctions between invitees, licensees, and trespassers. Instead, it uses a “reasonable care under the circumstances” standard. Property owners are expected to keep their premises in a reasonably safe condition and take action to fix or warn about hazardous conditions they knew or should have known about.
To bring a successful premises liability claim in New York, you generally need to prove:

  1. A dangerous or defective condition existed
  2. The property owner or responsible party knew or should have known about it
  3. The owner failed to repair the condition or provide a proper warning
  4. This failure directly caused your injury

Who Can Be Held Liable?

Potentially liable parties in a premises liability case may include:

  • Residential or commercial property owners
  • Business tenants or managers
  • Property management companies
  • Contractors responsible for maintenance
  • Municipalities or government entities (for public spaces or sidewalks)

 

If the accident occurred on public or government-owned property, specific notice requirements and shortened deadlines apply. For example, a Notice of Claim must be filed within 90 days of the incident, and the lawsuit must be commenced within one year and 90 days.

Statute of Limitations

The standard time limit for filing a premises liability lawsuit in New York is three years from the date of the injury. However, as noted above, cases involving public property may have shorter deadlines. Failing to meet these time limits may result in the court dismissing your case, so acting quickly is essential.

Statute of Limitations

If you are injured due to hazardous property conditions, you may be entitled to compensation for:

  • Medical expenses (current and future)
  • Lost wages and reduced earning capacity
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • In fatal accident cases: funeral expenses and wrongful death damages

Why Choose Held & Hines LLP?

At Held & Hines LLP, we have a strong track record of successfully handling premises liability cases in New York. Our attorneys understand how to investigate these claims thoroughly, preserve evidence, identify all liable parties, and maximize compensation. Whether your case is resolved through negotiation or litigation, we are prepared to fight for your rights every step of the way.

Contact Us Today

If you or a loved one has been injured due to a dangerous property condition, contact the premises liability attorneys at Held & Hines LLP. With offices in Manhattan (New York City) and Brooklyn, we are ready to evaluate your case and provide sound legal guidance