A+ rating on Better Business Bureau•Google reviews: 5.0•Martindale Hubbell Client Rating: 5.0•Lawyers.com Client Rating: 5.0•Avvo Client Rating: 5.0•Facebook Rating 5.0•Best Dog Bite Lawyers – Queens, NY (2025) (Expertise.com)•Best Bicycle Accident Lawyers – Queens, NY (2025) (Expertise.com)•Best Car Accident Lawyers – Middletown, NY (2025) (Expertise.com)•A+ rating on Better Business Bureau•Google reviews: 5.0•Martindale Hubbell Client Rating: 5.0•Lawyers.com Client Rating: 5.0•Avvo Client Rating: 5.0•Facebook Rating 5.0•Best Dog Bite Lawyers – Queens, NY (2025) (Expertise.com)•Best Bicycle Accident Lawyers – Queens, NY (2025) (Expertise.com)•Best Car Accident Lawyers – Middletown, NY (2025) (Expertise.com)

Premises Liability Lawyer in Kensington

Holding Property Owners Accountable

Comprehensive Premises Liability Guide

If you were injured on someone else’s property in Kensington, you may be entitled to seek compensation for medical bills, lost income, and other harms. Premises liability covers a range of incidents including slip and falls, trip and fall accidents, inadequate security incidents, and injuries caused by hazardous conditions. This page explains the basics of filing a claim, what property owners may be responsible for, and how local law influences your case. We describe common scenarios, legal terms you should know, and practical next steps to protect your rights and financial recovery after an injury.

Navigating a premises injury claim in New York can feel overwhelming while you are recovering from injuries and managing medical care and expenses. Understanding how negligence, notice, and foreseeability apply to property owners in Kensington can make a significant difference in the strength of a claim. This overview is intended to help you recognize potential legal issues, gather useful evidence, and decide when to consult an attorney for personalized guidance. We also summarize how local court procedures and insurance practices commonly affect resolution of these matters in the Hudson Valley region.

Why a Strong Premises Liability Claim Matters

A well-prepared premises liability claim can help secure compensation for medical treatment, lost wages, pain and suffering, and future costs related to injuries caused by unsafe conditions on another person’s property. Pursuing a claim encourages property owners and managers to correct dangerous conditions, improving safety for neighbors and visitors in Kensington. The process also clarifies responsibility, which can be important when multiple parties may share liability. By documenting how the hazard arose and how it led to your injury, your claim becomes clearer and increases the potential for fair settlement or judgment that covers your short- and long-term needs.

About Ahearne Law Firm PLLC and Allan J. Ahearne, Jr.

Ahearne Law Firm PLLC serves clients throughout the Hudson Valley and New York, handling personal injury matters including premises liability claims. Allan J. Ahearne, Jr. and the team focus on practical advocacy for injury victims, responding promptly to client concerns and coordinating evidence gathering, medical documentation, and communications with insurers. The firm emphasizes clear communication, local knowledge of courts in Nassau County and nearby jurisdictions, and strategic planning tailored to each client’s circumstances. Clients receive focused attention on recovering fair compensation while navigating the medical and legal steps following an injury.

What Premises Liability Covers

Premises liability law addresses situations where a property owner, manager, or occupier may be responsible for injuries that happen on their property due to unsafe conditions or negligent maintenance. Typical examples include slips and falls on wet floors, injuries from broken stair railings, accidents caused by poor lighting, and harm from unsecured hazards. Key considerations include whether the property owner knew or should have known about the dangerous condition, whether they had time to fix it, and whether the condition was the direct cause of the injury. These factors strongly influence the prospects of a successful claim in New York courtrooms.

In evaluating a premises liability claim, insurers and courts examine notice, reasonableness of care, and whether the property owner took appropriate steps to prevent harm. Notice can be actual, where the owner knew of the hazard, or constructive, where the hazard existed long enough that the owner should have discovered and corrected it. The injured visitor’s own behavior is also examined to assess comparative fault concerns under New York law, which can reduce recoverable damages if the injured person was partly responsible. Understanding these legal elements helps in gathering evidence and presenting a clearer claim.

Need More Information?

Key Terms to Know

Notice

Notice refers to what a property owner knew or should have known about a dangerous condition on the premises. Actual notice means the owner had direct awareness of the hazard, while constructive notice indicates that the condition existed long enough that a reasonable property manager would have discovered and addressed it. Establishing notice is often central to a premises liability claim because it links the owner’s knowledge—or lack of timely action—to the injury that occurred. Evidence of notice can include maintenance logs, prior complaints, photos showing prolonged damage, or witness statements describing the condition before the accident.

Comparative Fault

Comparative fault is the legal principle that reduces a plaintiff’s recovery in proportion to their share of responsibility for an accident. In New York, if a jury or factfinder determines the injured person was partly at fault, that percentage is subtracted from the total damages awarded. For example, if total damages are determined to be a certain amount and the injured person is found to be partly responsible, their final recovery will reflect that reduction. Understanding comparative fault helps set realistic expectations about settlement amounts and the importance of documenting how the injury occurred and why the property condition was the primary cause.

Duty of Care

Duty of care describes the legal obligation property owners owe to visitors to maintain reasonably safe premises. The precise duty can vary depending on the visitor’s status, such as invitee, licensee, or trespasser, and the specific circumstances of the property use. For invitees, like customers or guests invited for business, property owners generally owe a higher degree of care to inspect and correct hazards. Showing that a duty existed and that it was breached by failing to address a dangerous condition is a foundational element of a premises liability claim and is closely tied to proof of notice and causation.

Causation

Causation links the unsafe condition on the property to the injuries suffered by the plaintiff, showing that the hazard was a substantial factor in bringing about the harm. It requires evidence that the dangerous condition directly led to the incident and that the injury would not have occurred but for that condition. Medical records, photographs of the scene, witness accounts, and incident reports often support a causation claim. Establishing causation is essential to proving entitlement to damages and to distinguishing between injuries caused by the property condition and those resulting from unrelated factors.

PRO TIPS

Document the Scene Immediately

After an injury on someone else’s property, take photos and videos of the hazard, your injuries, and the surrounding area as soon as it is safe to do so. Gather contact names of any witnesses and collect incident or accident report numbers from property managers or security staff. Prompt documentation preserves the condition of the scene and strengthens the factual record when discussing the claim with insurers or legal counsel.

Seek Prompt Medical Attention

Even if injuries seem minor at first, seek medical evaluation promptly to identify issues that may not be immediately apparent and to create a clear medical record linking treatment to the incident. Keep copies of medical reports, treatment plans, and billing statements, since these documents support claims for compensation for care and related expenses. Timely treatment also helps demonstrate seriousness to insurers and decision makers when assessing the claim.

Preserve Evidence and Records

Retain any clothing, footwear, or personal items involved in the incident, and note any maintenance records or prior complaints you become aware of. Obtain copies of surveillance footage if available and ask for written incident reports from the property owner or manager. Organized records of your medical care, lost wages, and communications related to the injury make it easier to evaluate and pursue a claim effectively.

Comparing Legal Paths for Recovery

When to Pursue Full Representation:

Serious or Ongoing Injuries

When injuries require ongoing medical care, surgeries, or rehabilitation, a comprehensive approach to a premises claim better addresses future costs and long term impacts. Full representation can help gather extensive medical opinions and financial projections to support claims for future care and lost earning capacity. This approach also ensures focused negotiation with insurers to seek fair compensation that accounts for all present and anticipated needs related to the injury.

Multiple Responsible Parties

When more than one party may share responsibility, such as a property owner and an outside contractor, a thorough legal approach helps untangle liability and assign fault appropriately. Representation aids in coordinating discovery, obtaining records, and pursuing all potentially responsible parties so the injured person’s recovery is not limited by incomplete attribution of responsibility. Comprehensive handling reduces the risk that important legal claims are missed or that recoverable damages are diminished by unresolved liability issues.

When Limited Assistance May Work:

Minor, Clear-Cut Accidents

In cases with straightforward facts and minor injuries, handling initial insurance communication and settlement negotiation without full representation may be reasonable for some individuals. If liability is clear, damages are modest, and medical care is minimal, a limited approach can be efficient and less costly. However, even in such matters, careful documentation and awareness of deadlines remain important to preserve recovery options.

Small Claim Resolution

Matters that fit within small claims court or where damages are low and easily calculated sometimes resolve without extended legal involvement. Parties can pursue a quick settlement when records plainly support a defined amount for medical bills and related expenses. Still, it is advisable to confirm that the offered settlement compensates for all foreseeable costs before accepting, as short term settlements may not cover lingering or delayed medical issues.

Common Premises Liability Situations

Slip and Fall on Wet Floors

Slippery floors from spills, cleaning, or weather-related tracking often lead to serious falls when warnings or cleanup are absent. These incidents commonly occur in stores, apartment lobbies, and public walkways where property managers failed to address hazards promptly.

Trip Hazards and Uneven Surfaces

Broken steps, loose carpeting, and irregular pavement create trip hazards that can cause fractures and soft tissue injuries. Property owners who do not inspect and repair walking surfaces may be held responsible when a foreseeable hazard injures a visitor.

Inadequate Security Leading to Assault

When property lacks reasonable security measures in areas with a known risk of crime, owners can face liability if a visitor is harmed by a third party. Claims of inadequate security often involve lighting issues, unlocked entrances, or insufficient guards where risks were foreseeable.

Premises Liability Attorney Serving Kensington

Why Choose Ahearne Law Firm PLLC for Your Claim

Ahearne Law Firm PLLC focuses on delivering responsive legal support to people injured in premises accidents across the Hudson Valley and New York. We prioritize clear communication about case progress, document collection, and strategy so clients understand options at each stage. Our approach involves a careful review of incident facts, securing necessary records, and advocating for fair compensation with insurers or in court when necessary to address medical costs, lost income, and pain and suffering after an injury.

From initial consultation through resolution, the team assists with obtaining medical documentation, witness statements, surveillance footage requests, and preservation of other vital evidence. We help clients understand local procedural rules and timelines that affect claims in Nassau County and nearby courts. While every case is unique, the goal is consistent: to seek a practical outcome that reflects the losses sustained and to guide clients through the legal process with attention to their recovery and legal rights.

Contact Our Kensington Office Today

People Also Search For

premises liability Kensington NY

Kensington slip and fall lawyer

property injury Hudson Valley

Nassau County premises claims

injury from hazardous property

inadequate security liability

trip and fall Kensington

Ahearne Law Firm premises

FAQS

What types of accidents qualify as premises liability in Kensington?

Premises liability encompasses a wide range of incidents that occur due to unsafe conditions on someone else’s property. Common examples include slip and fall accidents caused by wet or unmarked floors, trip and fall incidents from broken stairs or uneven sidewalks, injuries from falling merchandise or fixtures, and harm caused by inadequate security that allows criminal conduct. Any situation where a dangerous condition existed and the property owner failed to address it may fall within premises liability, provided the injured person was present lawfully and the condition was a substantial factor in causing the harm. To evaluate whether a particular accident qualifies, consider whether the property owner or manager knew of the hazard or should have discovered it through reasonable inspections and maintenance. Gathering information such as incident reports, witness statements, surveillance footage, and maintenance logs helps establish the necessary elements. The specifics of each case and local law in New York will determine the strength of a claim, so careful documentation and timely action are important after an incident.

How long do I have to file a premises liability claim in New York?

In New York, the statute of limitations for most personal injury claims, including premises liability, generally requires that a lawsuit be filed within three years from the date of the injury. Missing this filing deadline can bar a claim in court, although there are limited exceptions that may extend the time under certain circumstances. Because procedural rules and exceptions can be complex, it is important to be aware of deadlines early in the process to preserve legal options and avoid losing the ability to seek compensation. Even before a lawsuit becomes necessary, it is wise to act quickly to preserve evidence and begin communications with insurers and property managers. Evidence can disappear, memories fade, and surveillance footage may be overwritten, so prompt action helps ensure a fuller record. If you are unsure about timing or steps to take, seeking a consultation to identify key deadlines and required actions can protect your ability to pursue a claim under New York law.

What should I do at the scene of a premises injury?

At the scene of a premises injury, prioritize your health and safety by seeking medical attention if needed and calling for emergency services when appropriate. If safe to do so, document the scene with photos and video showing the hazardous condition, your injuries, and the surrounding area. Collect names and contact information of any witnesses and obtain a copy of any incident report prepared by property staff or security personnel. Immediate documentation helps capture the condition of the premises before changes occur and provides a factual basis for later claims. Keep records of all medical treatment, including diagnoses, test results, procedures, and bills, as these documents support claims for compensation. Avoid giving recorded statements to insurers without consulting a legal advisor, and preserve clothing or items involved in the incident. Promptly notifying the property owner or manager, while also protecting your rights through careful documentation, creates a clearer record to support any subsequent claim or negotiation.

Can I still seek compensation if I was partly at fault for the accident?

New York follows a comparative fault rule that reduces recoverable damages by the injured person’s share of responsibility for the accident. If you are partially at fault, you may still recover compensation, but the final award or settlement will be reduced by your percentage of fault. For example, if total damages are calculated and you are found partially responsible, your recovery will reflect that reduction. This makes it important to document the circumstances of the incident to minimize any percentage assigned to your conduct. Even when some responsibility is found, pursuing a claim remains important to cover medical costs and other losses that would otherwise go unpaid. Insurers and courts weigh all evidence, including witness statements and scene documentation, when apportioning fault. Addressing comparative fault considerations early and presenting strong evidence that the property condition was the primary cause can help protect the amount recoverable under New York law.

Who can be held responsible for dangerous conditions on a property?

Responsibility for dangerous conditions can fall on multiple parties depending on ownership, control, and maintenance obligations. Property owners, property managers, businesses that occupy the premises, and outside contractors hired to perform maintenance may each bear responsibility when their negligence allows hazards to persist. Identifying the correct party requires examining leases, management agreements, maintenance contracts, and evidence of who had control over the area where the injury occurred. In some cases, multiple parties share liability and may be joined in a claim to ensure full recovery for the injured person. Determining responsibility involves reviewing records, speaking with witnesses, and collecting physical evidence. Accurate identification of responsible parties is vital because it affects insurance coverage, potential settlement sources, and the strategy for pursuing damages associated with medical care, lost income, and pain and suffering.

How is evidence of property neglect gathered for a claim?

Evidence of property neglect is gathered through a combination of scene documentation, records requests, and witness statements. Photographs and video captured as soon as possible after the incident show the condition that caused the injury, while statements from employees, visitors, or maintenance staff can describe prior reports or knowledge of the hazard. Requesting maintenance logs, incident reports, inspection records, and any prior complaints to the property owner helps show whether the condition was known and unaddressed over time. Surveillance footage, if available, can be particularly valuable in showing how the accident occurred and the timeline leading up to it. Medical records linking treatment to the incident, along with bills and wage statements, provide the financial and injury documentation needed for damages claims. Together, these materials form the factual foundation needed by insurers or courts to determine liability and calculate appropriate recovery.

Will an insurance company pay my medical bills after a premises injury?

Insurance companies often cover medical bills and liability claims related to premises injuries, but initial responses vary and may be limited by policy terms or disputes over fault. Insurers typically investigate incidents, review evidence, and may offer an early settlement, especially for clearly documented cases. The adequacy of an early offer should be carefully evaluated against current and future medical needs, lost wages, and other losses to ensure the injured person is not left with unpaid expenses. Because insurers seek to limit payouts, it is important to preserve documentation and communicate carefully during the claims process. Keeping detailed records of treatment, prognosis, and expenses strengthens negotiations. If the case involves complex liability issues or significant future costs, a more thorough approach to valuation and negotiation may be necessary to obtain fair compensation that addresses both current and anticipated needs.

What if the injury happened in a rental apartment or landlord property?

When an injury occurs in a rental apartment or on landlord property, the landlord or property management may be responsible if they failed to maintain safe conditions or ignored known hazards. Lease agreements and local housing codes can affect the scope of duties the landlord owes to tenants and visitors, and proof of notice or the landlord’s failure to repair dangerous conditions supports a claim. Tenants should report hazards in writing and document communications to create a record of notice and response time. Landlords sometimes claim that tenants caused the hazardous condition, which can complicate liability evaluations. Preserving evidence, obtaining witness statements, and collecting maintenance records can help clarify responsibility. Where necessary, claims may involve multiple parties, including third-party contractors, and may require careful consideration of tenant-landlord responsibilities under New York law to establish an appropriate basis for recovery.

How long does it take to resolve a premises liability case?

The time to resolve a premises liability case varies widely depending on factors such as injury severity, complexity of liability, the need for expert opinions, and whether the matter settles or proceeds to trial. Some straightforward cases resolve within months through insurer negotiations, while more complex claims involving ongoing medical care, disputed liability, or multiple defendants can take a year or longer. Mediation or settlement negotiations may shorten the timeline, whereas contested litigation typically extends it due to pretrial procedures and discovery. Prompt investigation and organized documentation can help speed resolution by clarifying damages and liability early in the process. Cooperation in gathering records and being prepared to engage in reasonable negotiation often leads to earlier settlement. Still, the best outcome can require time to fully quantify future needs and to present a well-supported claim that fairly reflects the full scope of losses.

What damages can I recover in a premises liability claim?

Damages recoverable in a premises liability claim commonly include compensation for medical expenses related to treatment of the injury, past and future lost earnings, and costs for ongoing care or rehabilitation. Non-economic damages such as pain and suffering and loss of enjoyment of life may also be recoverable when injuries result in significant physical or emotional impacts. The total damages awarded reflect the severity of the injury, the extent of medical treatment needed, and the demonstrated effect on the injured person’s daily life and earning ability. In some cases, property damage and incidental out-of-pocket expenses associated with the incident are also compensated. The process of documenting these damages requires medical records, bills, wage statements, and sometimes expert testimony regarding prognosis and future care needs. A carefully documented claim that captures both economic and non-economic losses is essential to seeking full compensation appropriate to the circumstances of the injury.

Personal Injury Services in Kensington

Explore our injury practice areas

⚖️ All Personal Injury Services