New York City Premises Liability Lawyer
A New York City premises liability lawyer at Meirowitz & Wasserberg represents people injured on someone else’s property. If you were hurt at a private residence, public place, shopping center or other premises in New York, contact us for a free consultation.
Expertise
Samuel Meirowitz is “Top 100 Trial Lawyer” and an accomplished personal injury lawyer, trial attorney and relentless advocate for his clients. Previously, he served the State of New York for four years as a prosecutor in the Bronx District Attorney’s office. Mr. Meirowitz is admitted to practice law in New York and Florida State Courts.
Content written by Samuel Meirowitz
Samuel Meirowitz is “Top 100 Trial Lawyer” and an accomplished personal injury lawyer, trial attorney and relentless advocate for his clients. Previously, he served the State of New York for four years as a prosecutor in the Bronx District Attorney’s office. Mr. Meirowitz is admitted to practice law in New York and Florida State Courts.
Experienced Personal Injury Attorney
What Is Premises Liability in New York?
Premises liability laws in New York refer to the legal responsibilities of property owners to keep their premises safe for invited guests and visitors. The property owner owes you different standards of care depending on your visitor status. Local laws cover three types of visitors: invitees, licensees and trespassers.
Three Visitor Statuses
- Invitee: An invitee is someone invited onto the property for the owner’s financial or commercial benefit, like a store or restaurant. This includes public places, such as parks. Contractors who are on the property to perform work are also invitees. The owner owes the highest duty of care to invitees, so they must maintain the property, post clear warnings and take measures to prevent injuries.
- Licensee: Licensees have permission to be on the property for social reasons, not for commercial purposes. This can include guests, friends and family at a private home. Licensees also include salespeople and delivery personnel. The owner has a duty to warn about known hazards and address issues that could cause serious harm, but they don’t have a duty to inspect their property for hazards.
- Trespasser: Trespassers are on the property without the owner’s permission. An owner typically owes trespassers a minimal duty to avoid harm, but if the owner knows about the trespassers, they must warn them of potential hazards. If the trespasser is a child, they are protected under “attractive nuisance” policies. An example of an attractive nuisance is a swimming pool. The owner must take precautions to keep children away from the pool, such as adding fences or barriers.
Sustaining an injury on someone else’s property does not necessarily mean you have grounds to file a lawsuit. The property owner must have known, or reasonably should have known, about the dangerous element and failed to remedy the issue in a timely manner.
Premise liability lawsuit can be a slip or a trip or similar kind of accident. It can occur in commercial properties, in residential properties, public, private. The main thing to consider in looking at a premises liability lawsuit is that there is some kind of defect that causes an injury and those vary from state to state and location to location on on how we proceed with those kinds of actions.
NYC Property Owner Responsibilities Under the Law
In New York City, both residential and commercial property owners — including landlords, building managers and businesses — have a legal duty to keep their properties reasonably safe for tenants, customers, workers and other lawful visitors.
For residential buildings, that means maintaining apartments and common areas in habitable condition, with required heat, hot water, lighting and basic security. Landlords must also address obvious dangers like broken stairs, leaks or infestations. For commercial spaces, owners and business operators must keep sales floors, offices, entryways and loading areas free of tripping and slipping hazards, provide adequate lighting and security where appropriate and follow applicable safety codes.
In addition, owners are often responsible for outdoor spaces they control — such as entrances, parking areas and the sidewalk in front of the property — so that preventable hazards do not put visitors at risk of injury.
NYC Admin Code 7-210 and Sidewalk Liability
NYC’s Local Law 49 added Administrative Code section 7‑210, which shifted responsibility for most sidewalk defects from the City of New York to the owner of the property next to that sidewalk. For example, if a pedestrian trips or slips in front of an apartment building or busy storefront, the claim may target the building owner or, in some cases, the commercial tenant, rather than the city. Owners are expected to keep the sidewalk safe by repairing dangerous cracks and removing snow and ice within a reasonable time after a storm.
The law makes an important exception for smaller residential properties. One‑, two‑, or three‑family homes that are owner‑occupied and used only as residences are exempt from section 7‑210, so the city may still be the proper defendant for sidewalk hazards in front of those homes. But that protection doesn’t apply to apartment buildings, mixed‑use properties or commercial spaces like shops and offices, where the adjacent owner is held accountable for unsafe sidewalk conditions.
Building Owner and Landlord Duties
Building owners and landlords must keep common areas, hallways, stairwells and entryways reasonably safe, with proper lighting, handrails and basic security measures. They can be liable if they had actual notice of a hazard (such as a reported broken step or recurring leak) or constructive notice, meaning the condition existed long enough or was obvious enough that a reasonable inspection would have found it.
If you were hurt in a fall, assault or other incident on someone else’s property, an experienced NYC injury lawyer at Meirowitz & Wasserberg can evaluate whether the owner’s violations of these duties give you a strong claim for compensation.
Common Types of Premises Liability Cases in New York City
Common types of premises liability cases in New York City include slip and fall accidents, negligent security, elevator and escalator accidents and construction site hazards.
Slip and Fall Accidents
Slip and fall accidents include falling on wet floors, icy sidewalks, broken stairs or uneven pavement. Slip and fall accidents are common in the city and can lead to serious injuries and costly medical care. It’s the property owner’s responsibility to prevent safety hazards by maintaining floors and sidewalks.
Negligent Security
Negligent security cases in NYC include assaults in buildings, parking garages or subway-adjacent properties with inadequate lighting or security personnel. Property owners have a responsibility to keep premises reasonably safe for visitors from foreseeable harm.
For example, reasonable precautions can include keeping hallways well lit in an apartment building or installing security cameras in a shopping mall. What is considered a foreseeable crime typically depends on the area’s crime history.
Elevator and Escalator Accidents
Because NYC has a high density of older buildings, elevator and escalator accidents can occur more frequently. The New York City Department of Buildings and its Elevator Division regulates elevator and escalator safety through required inspections.
Property owners must ensure that elevators are inspected twice per year and that any violations are repaired within 10 to 30 days, depending on who issued the citation. The most common violation is failure to maintain a building device, which is typically found during testing.
Construction Site Hazards
Construction site hazards in NYC may include unsafe scaffolding, debris and sidewalk shed failures. NYC’s Labor Laws 240 and 241 protect workers from falls and other hazards while they work at heights, including on scaffolds and ladders. Under Labor Law 240, also known as the Scaffold Law, property owners can be held liable when a worker falls and is injured because of faulty safety equipment, such as ladders, guardrails and harnesses.
Some of the common types of premises liability cases in New York City involve, for example, sidewalk defects. You have your trips and falls, slips and falls on municipal sidewalks. Most often times in the city, the adjacent property owner is responsible for the sidewalk, depending on whether it’s a commercial property or residential property.
Some other types of premises liability cases include slip and falls, whether it’s inside a building or outside on the street. Potentially, cases involving negligence security, anything where you sustain an injury at someone else’s property.
Common Injuries in NYC Premises Liability Cases
Common injuries from NYC premises liability cases range from less serious to catastrophic injuries, including soft tissue injuries, traumatic brain injuries and death.
Examples of Premises Liability Injuries
- Fractures (hip, wrist and ankle — most common in slip and falls)
- Traumatic brain injuries
- Spinal cord injuries
- Soft tissue injuries and chronic pain
- Wrongful death
If you suffered any of these or any other injury while on someone else’s property, contact a premises liability lawyer at Meirowitz & Wasserberg. We can help you determine if the property owner is liable.
Proving a Premises Liability Claim in New York
To prove a premises liability claim in New York, an injured person must have evidence for four arguments:
- The property owner owed them a legal duty of care.
- The owner breached that duty by not keeping the property reasonably safe.
- This unsafe condition caused the accident.
- The person suffered damages like medical bills, lost wages or pain and suffering.
The owner’s duty of care is decided based on their control of the property and the injured person’s lawful presence there. Potential breaches are determined by what a reasonably careful owner would have done in similar circumstances.
A key issue in premises liability is whether the owner “knew or should have known” about the dangerous condition. This means either the owner actually knew about the hazard (for example, a reported leak or broken step) or the condition existed long enough and was obvious enough that regular inspections would have found and fixed it.
New York also follows pure comparative negligence, so if the injured person was partly at fault, their compensation is reduced by their percentage of fault. However, they can still file a claim.
Most premises liability lawsuits in New York must be filed within three years of the injury. If you are suing the City of New York, the deadlines are much shorter. They require filing a notice of claim within 90 days, then filing the lawsuit within one year and 90 days. Acting quickly is critical.
In a wrongful death case, you have two years to file a claim. If the claim is against the city or other government entity, the 90-day notice period starts on the date someone is appointed as the estate’s representative.
What Compensation Can You Recover?
In a New York premises liability case, you can recover both economic and non-economic losses.
- Economic Losses: You can seek payment for medical expenses, including emergency care, hospital stays, surgery, physical therapy, medication and future treatment you may need over your lifetime. You may also recover lost wages if you missed work, as well as compensation for reduced earning capacity if your injuries limit the kind of work you can do or the hours you can handle going forward.
- Non-Economic Damages: New York law allows damages for pain and suffering, which includes emotional distress and loss of enjoyment of your usual activities.
The potential settlement value of a premises liability case depends on several factors. These include how severe and permanent your injuries are, how clearly the evidence shows the owner was at fault, whether you were partly negligent and the type of property involved (for example, a large commercial building versus a small residential property). Strong documentation and prompt legal action can also influence outcomes.
Why Choose Meirowitz & Wasserberg for Your Premises Liability Case
Meirowitz & Wasserberg’s premises liability lawyers have recovered over $500 million for clients across New York City. That includes a $900,000 recovery for a client who tripped over a bike lane divider and fractured their hip — the kind of result that comes from decades of experience in NYC courts and a deep understanding of how premises cases are won here.
Our award-winning, experienced attorneys have handled cases across all five boroughs, and our lawyers appear in court in Manhattan, the Bronx, Queens, Brooklyn, Staten Island and Long Island. Many of our attorneys earned the Super Lawyers designation and were placed on the Top 100 Trial Lawyer list.
We handle premises liability cases on a contingency fee basis, so you won’t pay us anything unless we win your case. Contact us today, and let us help you with your claim.
Frequently Asked Questions About NYC Premises Liability
How long do I have to file a premises liability claim in New York?
Generally, you have 3 years from the date of injury. Claims against the City of New York require a Notice of Claim within 90 days and a lawsuit filed within 1 year and 90 days. An attorney can help you identify the correct deadline for your case.
What is NYC Admin Code 7-210 and how does it affect my case?
Under NYC Admin Code 7-210, property owners (with limited exceptions) are responsible for maintaining the sidewalk in front of their building. If you were injured on a defective sidewalk, the adjacent property owner — not the City — is typically the liable party.
Can I still recover if I was partly at fault for my accident?
Yes. New York follows a comparative negligence rule, meaning your compensation is reduced by your percentage of fault. This means you can still seek recovery even if you were partially responsible.
What should I do immediately after a premises accident in NYC?
Seek medical care immediately. Document the scene with photos, get witness contact information and report the incident to the property owner or manager. Finally, contact a premises liability attorney before giving any statements to insurance companies.
Do I need a lawyer for a premises liability claim?
You are not required to hire a lawyer, but property owners and their insurers have legal teams protecting their interests. An experienced NYC attorney can help document your claim, negotiate with insurers and maximize your recovery.
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I feel so blessed to have had Meirowitz & Wasserberg Law Firm represent my Husband and I in a great time of need in our lives. l highly recommend this firm. Daniel Wasserberg was the most personable, caring lawyer one could ever have. He was always there for our every need with compassion, loyalty and sincerity. He truly cares about his clients. I learned to love this man as a Son.
