Injured on Unsafe Property? Know Your NY Rights Now
If you were injured on someone else’s property in New York, you may have a premises liability claim. Generally, you must show a dangerous condition, that the responsible party created it or had notice, and that it caused your injuries. New York applies pure comparative negligence, and special notice rules can apply to municipal properties. See Gordon v. American Museum of Natural History, CPLR § 1411, and GML § 50-e. For help now, contact us.
What Is Premises Liability in New York?
Premises liability addresses responsibility for injuries caused by unsafe property conditions affecting lawful visitors. In New York, liability typically turns on whether the owner or person in control created a dangerous condition or had actual or constructive notice of it and failed to reasonably remedy or warn within a reasonable time (Gordon v. American Museum of Natural History).
Who Can Be Held Responsible?
Depending on the facts, potentially liable parties can include owners, commercial tenants, residential landlords, property managers, maintenance contractors, and security companies. Responsibility generally follows control over the property condition or area and whether those parties acted reasonably under the circumstances.
Common Unsafe Conditions
- Slip and trip hazards (spills, snow/ice, loose mats, uneven flooring)
- Defective stairs, handrails, or lighting
- Building code violations
- Falling objects or unsafe shelving
- Negligent security leading to foreseeable criminal acts
- Unsafe sidewalks or entrances
- Construction site hazards affecting visitors
What You Must Prove
To seek compensation, an injured person generally must show: (1) a dangerous condition existed, (2) the defendant created it or had actual or constructive notice, (3) the defendant failed to reasonably remedy or warn, and (4) the condition caused the injury. Constructive notice usually means the hazard was visible and apparent and existed for a sufficient time before the accident to be discovered and corrected with reasonable care (Gordon).
New York’s Comparative Negligence Rule
New York follows pure comparative negligence: if you share some fault, your damages can be reduced in proportion to your responsibility, but you are not barred from recovery solely because you were partially at fault (CPLR § 1411).
Special Considerations for Municipal and Sidewalk Claims
Claims involving city- or county-owned property, public sidewalks, or transit facilities may require pre-suit notice and have additional procedures. For many municipal defendants in New York, a notice of claim may be due in as little as 90 days (GML § 50-e). Sidewalk responsibility can vary by locality and ownership, and some municipalities have written prior notice laws or exceptions that affect liability. Strict deadlines apply, so prompt action is important (NYS CourtHelp: Civil basics).
Evidence That Strengthens Your Case
- Photos or video of the hazard and surroundings as close in time to the incident as possible
- Incident reports and witness contact information
- Weather data, maintenance logs, and cleaning schedules
- Surveillance footage (request preservation promptly)
- Medical records documenting injuries and causation
- Proof of prior complaints or recurring conditions
- Expert analysis (engineering, building code, or security practices) when appropriate
Practical Tips
- Request that the property preserve video immediately and follow up in writing.
- Do not give recorded statements to insurers before speaking with counsel.
- Keep a pain and recovery journal to document daily impacts.
- Note lighting, weather, and footwear details while fresh.
What to Do After an Injury on Unsafe Property
- Report the incident to the property owner, manager, or security and request an incident report
- Photograph the condition, lighting, footwear, and any warning signs (or lack thereof)
- Seek medical care and follow treatment recommendations
- Preserve shoes and clothing as evidence
- Save receipts, communications, and any maintenance or insurance correspondence
- Contact a New York premises liability attorney to evaluate notice issues, obligations of different parties, and any municipal notice requirements – or talk to us now
Checklist: Document Your Claim
- Identify all witnesses and collect contact details
- Send a written preservation letter for surveillance and maintenance logs
- Request copies of any incident or accident reports
- Secure weather and building records relevant to the date and time
- Organize medical bills, records, and time-off documentation
Potential Damages
Depending on the facts, you may seek compensation for medical expenses, lost wages and earning capacity, rehabilitation, out-of-pocket costs, and pain and suffering. In limited circumstances, additional damages may be available where the law allows.
Deadlines and Notice Requirements
Time limits are strictly enforced and vary based on who is involved, the nature of the claim, and where the incident occurred. Some municipal claims require a notice of claim within 90 days (GML § 50-e). Missing a deadline can end a claim, so consult counsel promptly (NYS CourtHelp).
How a Lawyer Can Help
- Identify all responsible parties and insurance coverage
- Send preservation letters for surveillance and maintenance records
- Investigate actual or constructive notice and building or safety code issues
- Navigate municipal notice procedures when public entities are involved
- Work with experts to analyze causation and safety standards
- Negotiate with insurers and, if needed, litigate to protect your rights
FAQ
Do I have a case if there was a warning sign?
Maybe. A warning sign can be relevant, but it does not automatically defeat a claim if the warning was inadequate or the condition was unreasonably dangerous.
What if I was looking at my phone when I fell?
Your compensation could be reduced under New York’s comparative negligence, but you may still recover a portion of your damages depending on fault allocation.
How fast should I act for a city property claim?
As soon as possible. Many municipal claims require a notice of claim within 90 days, and missing that step can bar the claim.
Will the store’s insurance pay my medical bills right away?
Not typically. Payment usually follows a settlement or judgment. Keep medical bills and use your health insurance while your claim is evaluated.
Act Now to Protect Your Rights
Unsafe property cases often turn on facts gathered early. Evidence can be lost quickly – maintenance logs change, hazards are repaired, and video is overwritten. Prompt legal guidance can help preserve proof, comply with notice rules, and position your case for the strongest possible outcome. Contact our New York premises liability team.
Disclaimer (New York): This blog provides general information about New York premises liability and is not legal advice. Reading it does not create an attorney-client relationship. Deadlines and procedures vary by case and location; consult a New York lawyer about your specific situation.