Hurt in a Store or Building? NY Premises Liability Help

Last reviewed: November 5, 2025

What Is Premises Liability in New York?

Premises liability is a negligence claim arising from unsafe conditions on property. In New York, owners and those in control of property (such as tenants, managing agents, or contractors) must exercise reasonable care to maintain the property in a reasonably safe condition, considering the likelihood of injury, the potential severity of harm, and the burden of preventing the risk. See Basso v. Miller, 40 N.Y.2d 233 (1976).

This duty can apply to stores, supermarkets, apartment buildings, offices, parking lots, and, in New York City, certain sidewalks adjacent to properties as described below.

When Owners and Occupiers Can Be Liable

To recover, an injured person generally must show: (1) a hazardous condition existed; (2) the defendant created the condition or had actual or constructive notice of it; (3) the defendant failed to take reasonable steps to remedy or warn; and (4) that failure caused the injury. Constructive notice typically requires that the condition was visible and apparent and existed for a sufficient length of time before the accident to permit discovery and correction with reasonable care. See Gordon v. American Museum of Natural History, 67 N.Y.2d 836 (1986).

Common Hazards in Stores and Buildings

• Wet or slippery floors from spills or tracked-in water
• Broken or uneven stairs, missing handrails, or loose treads
• Torn or buckled mats and carpeting
• Poor lighting in stairwells, hallways, or parking areas
• Debris or merchandise left in aisles (stocking and crowding hazards)
• Ice and snow accumulation on walkways and entrances
• Defective sidewalks where an abutting owner may be responsible under local law (e.g., in NYC)
• Malfunctioning doors, elevators, or escalators
• Inadequate security leading to foreseeable criminal acts

Proving Notice and Causation

Evidence often turns on whether the owner or occupier knew or should have known about the condition. Useful proof includes:

• Incident and maintenance logs, sweep sheets, and inspection records
• Surveillance video showing how long a condition existed
• Photos or video captured immediately after the incident
• Weather records for ice/snow cases
• Work orders, prior complaints, or prior accidents
• Witness statements and employee testimony
• Expert analysis on code compliance, lighting levels, traction, or building systems

Linking the condition to the fall or injury is critical; contemporaneous medical records and consistent statements help establish causation.

Comparative Fault in New York

New York follows pure comparative negligence. If you are found partially at fault—such as not watching your step or disregarding visible warnings—your recovery may be reduced by your percentage of fault, but you are not barred from recovering even if your share of fault exceeds the defendant’s. See N.Y. C.P.L.R. § 1411.

Special Rules for Municipal and Sidewalk Claims

In New York City, abutting property owners generally must maintain sidewalks in a reasonably safe condition and may be liable for injuries caused by their failure to do so, subject to statutory exceptions (including certain one-, two-, or three-family owner-occupied residential properties not used for commercial purposes). See NYC Admin. Code § 7-210 and the NYC DOT sidewalk responsibility guidance.

Claims involving New York City or other municipalities have additional requirements, including strict notice procedures and shorter timelines. A notice of claim is often required within 90 days, and many municipal tort claims must be commenced within one year and 90 days. See N.Y. Gen. Mun. Law § 50-e and § 50-i. For NYC-specific filing information, see the NYC Comptroller’s Notice of Claim page.

Defenses Owners Often Raise

• Lack of notice: The hazard appeared moments before and could not reasonably have been addressed.
• Open and obvious: If a condition is open and obvious and not inherently dangerous, the duty to warn may be limited, though owners still must maintain reasonably safe premises; the issue often goes to comparative fault. See Tagle v. Jakob, 97 N.Y.2d 165 (2001).
• Storm-in-progress: In snow and ice cases, owners are generally not liable for failing to remedy hazards while a storm is ongoing, but must act within a reasonable time after it ends. See Solazzo v. New York City Tr. Auth., 6 N.Y.3d 734 (2005).
• Trivial defect doctrine: Minor defects may be nonactionable depending on the defect’s characteristics and the surrounding circumstances. See Hutchinson v. Sheridan Hill House Corp., 26 N.Y.3d 66 (2015).
• Plaintiff’s comparative fault: Fault allocation can reduce damages under CPLR § 1411.

What To Do After an Injury

• Report the incident to management and request an incident report.
• Photograph the area and your injuries as soon as possible.
• Save footwear and clothing in their post-incident condition.
• Ask to preserve surveillance video and relevant maintenance records.
• Obtain names and contact information for witnesses and employees.
• Seek prompt medical evaluation and follow treatment recommendations.
• Avoid discussing fault on social media or with insurers before consulting counsel.

Compensation That May Be Available

Depending on the facts, you may seek damages for medical expenses, lost wages, diminished earning capacity, out-of-pocket costs, and pain and suffering. Serious or permanent injuries can increase potential recovery, but outcomes depend on proof, defenses, and available insurance or assets.

Timing and Deadlines

Deadlines vary based on who is responsible (private owner versus municipality), the nature of the claim, and where the incident occurred.

• Private premises injury claims are typically governed by a three-year statute of limitations. See CPLR § 214(5).
• Municipal claims often require a notice of claim within 90 days and suit within one year and 90 days. See GML § 50-e and § 50-i.

Because exceptions and special rules may apply (especially for sidewalks in NYC and claims against public entities), consult counsel promptly to preserve your rights and evidence.

How a Lawyer Can Help

An attorney can investigate quickly, send preservation letters for video and records, identify all responsible parties (owner, tenant, contractor, managing agent), work with experts, navigate municipal notice rules, negotiate with insurers, and litigate if needed. Early involvement can protect evidence that might otherwise be lost.

FAQ

Do I have a case if no one warned me about the hazard?

You may, if the owner created the condition or had actual or constructive notice and failed to remedy or warn. Whether the condition was visible and apparent for a sufficient time is key.

What if the hazard was open and obvious?

Open and obvious conditions can limit the duty to warn, but owners still must maintain reasonably safe premises. The issue often affects comparative fault rather than eliminating the claim.

How does the storm-in-progress rule affect snow and ice cases?

Owners generally are not liable for failing to clear hazards during an ongoing storm, but must act within a reasonable time after the storm ends.

How fast should I act for a claim against a city or public authority?

Many municipal claims require a notice of claim within 90 days and a lawsuit within one year and 90 days. Act immediately to avoid missing deadlines.

Free Consultation

If you were hurt in a New York store, apartment, or other building, contact our premises liability team for a free consultation. We can evaluate the facts, explain your options, and take action to preserve critical evidence. Get your free consultation.

Legal Disclaimer (New York)

This blog is for general information only, not legal advice, and does not create an attorney-client relationship. New York laws and deadlines change and can vary based on your location and facts (for example, a 90-day notice of claim may apply to municipal defendants). Consult a licensed New York attorney about your specific situation.