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Premises Liability Lawyer in New York: A Practical Guide

Holding Property Owners Accountable

Premises Liability Guide for Injured New Yorkers

When unsafe property conditions cause injuries, New York premises liability law can provide a path to financial recovery. From slip and fall incidents on snow and ice to broken steps, inadequate lighting, falling merchandise, and negligent security, property owners and managers must use reasonable care to keep visitors safe. The Ahearne Law Firm PLLC serves clients throughout the Hudson Valley and across New York, guiding injured people through each step after a sudden accident. Led by attorney Allan J. Ahearne, Jr., our firm explains your rights, gathers evidence, and addresses strict timelines that can affect your claim. If you were hurt on someone else’s property, we are here to help you understand what comes next and how to protect your claim.

Early action can make a meaningful difference. Surveillance footage may be overwritten, spill logs can change, and witnesses become harder to find. Our team works to secure records, inspection histories, incident reports, and medical documentation while you focus on healing. We communicate with insurers, evaluate liability, and seek compensation for medical bills, lost wages, and pain and suffering under New York law. Whether the property is a supermarket, apartment complex, office building, or government location, different rules may apply, including special notice requirements. If you have questions, call The Ahearne Law Firm PLLC at (845) 986-2777 to discuss your situation and your options in a free consultation.

Why Premises Liability Representation Matters

Premises liability cases often turn on details that are easy to overlook without guidance. Establishing that a property owner owed a duty, breached that duty, had actual or constructive notice of a hazard, and caused your injuries requires careful evidence collection and clear presentation. Skilled representation helps preserve surveillance footage, obtain maintenance records, and identify responsible parties, including owners, tenants, contractors, and management companies. It also helps counter common defenses, such as claims that the condition was open and obvious or that you were the only one at fault. By managing communications with insurers and building a persuasive claim, your advocate can position you to pursue fair compensation while you continue medical treatment and recovery.

About The Ahearne Law Firm PLLC

Based in the Hudson Valley and serving communities throughout New York, The Ahearne Law Firm PLLC represents people injured by dangerous property conditions and other negligence. Attorney Allan J. Ahearne, Jr. leads a client-focused practice that emphasizes clear communication, thorough investigation, and compassionate service. We coordinate with medical providers, gather records, and work with investigators to document hazards and notice. Our approach is grounded in local knowledge of courts, adjusters, and common building and maintenance issues across residential, commercial, and municipal properties. We are committed to practical solutions and persistent advocacy, pursuing results through negotiation or litigation as appropriate. If you were hurt on unsafe premises, we are ready to listen and guide you forward.

Understanding Premises Liability in New York

Premises liability is a body of law that holds property owners and those in control of property responsible for reasonably maintaining safe conditions. To succeed, an injured person generally must show the owner or manager had a duty of care, breached that duty by allowing a dangerous condition, knew or should have known about the hazard in time to fix it, and that this hazard caused the injury. Damages must also be proven with medical records and related documentation. New York follows pure comparative negligence, which means your compensation can be reduced by your percentage of fault but is not barred if you share responsibility.

Common claims include slip and falls on liquids or snow and ice, trip and falls on uneven surfaces, broken steps or railings, falling objects, poor lighting, building code violations, and negligent security in areas with foreseeable crime. Different standards can apply to commercial stores, apartment buildings, private homes, and public sidewalks, and timing matters. Municipal claims may require a Notice of Claim within 90 days and shorter lawsuit deadlines. Evidence such as incident reports, cleaning and inspection logs, weather data, and video footage can be decisive. Prompt medical treatment helps link injuries to the incident and gives insurers and juries a clear picture of how the hazard affected your life.

Need More Information?

Key Terms and Glossary

Duty of Care

Duty of care is the legal responsibility a property owner, tenant, or manager owes to people lawfully on the premises. In New York, this means taking reasonable steps to keep the property reasonably safe given the circumstances. Examples include regularly inspecting for hazards, cleaning spills within a reasonable time, fixing broken steps or railings, clearing snow and ice with reasonable diligence, and providing adequate lighting. The duty varies based on the nature of the property and foreseeability of harm. What is reasonable for a busy supermarket may differ from a small office. Failing to meet this duty can expose the property controller to liability when injuries occur.

Comparative Negligence

Comparative negligence is a rule that allocates responsibility between the injured person and the property owner based on each party’s share of fault. New York follows pure comparative negligence, which allows you to recover compensation even if you are partly responsible for the accident. Your recovery is reduced by your percentage of fault. For example, if a jury finds you 20 percent at fault for not watching your step and the owner 80 percent at fault for ignoring a known hazard, your award would be reduced by 20 percent. Insurers often raise comparative negligence to minimize payouts, making strong evidence especially important.

Notice

Notice refers to whether the property owner or manager knew or should have known about a dangerous condition in time to fix it. Actual notice means the owner was directly aware of the hazard. Constructive notice means the condition existed long enough, or was so obvious, that reasonable inspections would have discovered it. In premises cases, inspection and cleaning logs, employee testimony, and surveillance video help show notice. For transient hazards like a spill, the timeline matters. If a store had a practice of checking aisles every hour but the spill sat for three hours, that history may support constructive notice and liability.

Statute of Limitations

A statute of limitations is the deadline for filing a lawsuit. In New York, most personal injury claims, including many premises liability cases, must be filed within three years of the incident. Claims against a city, town, or other public entity can have additional hurdles: a Notice of Claim may be required within 90 days, and the lawsuit deadline can be shorter than in private cases. Missing a deadline can end your claim, no matter how strong the facts may be. Because exceptions exist, it is wise to review your timeline promptly to protect your rights and preserve evidence.

PRO TIPS

Document Hazards Early

If you can do so safely, take clear photos or video of the hazard and the surrounding area from multiple angles, capturing lighting, signage, and any cleanup activity. Ask for names and contact information of witnesses, and request a copy of any incident report before leaving, noting the exact date and time. Preserve the shoes and clothing you wore in their post-incident condition, and keep all receipts and medical records together, so proof of the hazard and your injuries is organized and ready when needed.

Report and Request Incident Records

Report the incident to management immediately and ask that an incident report be created, requesting a copy or reference number before you leave. Politely ask that any surveillance footage and maintenance logs for the area be preserved, putting the request in writing if possible to avoid accidental deletion. Follow up soon after to confirm preservation and to obtain available documents, as some businesses routinely overwrite footage within days, and timely requests can make the difference in proving how long the hazard existed.

Mind Medical Follow-Up

Seek prompt medical attention, even if symptoms seem mild, and describe exactly how you were hurt so your records link the injury to the incident. Attend follow-up appointments and follow treatment recommendations, since gaps in care are often used by insurers to question the seriousness of injuries. Keep a brief journal of pain levels, limitations, and missed activities, which helps tell the story of how the property condition affected your daily life and supports fair compensation.

Comparing Your Legal Paths

When Full Representation Makes Sense:

Severe Injuries and Complex Liability

Serious injuries such as fractures, head trauma, or spinal injuries often require extensive documentation, expert medical opinions, and careful calculation of future losses. Complex liability situations, including multiple defendants, management companies, contractors, or disputes over building code compliance, benefit from thorough investigation and coordinated strategy. Full representation helps manage the moving parts, secure evidence before it disappears, and present a clear, persuasive case for the full scope of your damages.

Disputed Fault or Multiple Defendants

If the property owner denies notice, argues you were solely at fault, or blames a third party, a comprehensive approach helps address each defense with targeted evidence. Situations involving snow contractors, commercial tenants, or property managers can create overlapping responsibilities and insurance coverage questions. Coordinated advocacy helps identify who is responsible, evaluate available policies, and pursue the best avenue for compensation while protecting your claim against finger-pointing.

When a Limited Approach May Work:

Minor Injuries with Clear Liability

If injuries are minor, heal quickly, and liability is straightforward with strong documentation, a streamlined claim may be enough. In these situations, organized medical records, clear photos, and a concise demand package can prompt timely negotiations without prolonged litigation. Even then, careful review of releases and evaluation of future medical needs helps ensure a fair resolution that does not undervalue your claim.

Early, Fair Insurance Offer

When an insurer makes an early offer that appears to cover medical bills, lost wages, and reasonable pain and suffering, it may be possible to resolve the claim efficiently. Verification of lien obligations and confirming that future care is accounted for can prevent unpleasant surprises after settlement. A measured approach can save time and stress while still protecting your interests and ensuring the release language fits your situation.

Common Situations in Premises Claims

Slip and Fall on Snow or Ice

Winters in New York bring recurring snow and ice hazards that demand reasonable removal efforts, timely salting or sanding, and attention to refreezing after thaw cycles. Liability often turns on weather timing, property policies, and whether the owner or contractor followed a sensible plan to keep walkways safe under the conditions.

Tripping Hazards and Broken Steps

Uneven flooring, curled mats, loose tiles, and broken stairs or railings can create hidden dangers in busy stores and residential buildings. Inspection routines, repair histories, and code compliance frequently show whether the owner acted reasonably or ignored a known risk until someone was hurt.

Negligent Security Incidents

In areas with a pattern of crime, reasonable security measures like lighting, locks, cameras, or guards may be required to reduce foreseeable harm. Claims often examine whether the property reasonably responded to prior incidents and whether simple steps could have prevented the attack or injury.

New York Premises Liability Attorney

Why Hire The Ahearne Law Firm for Premises Liability

Choosing a law firm that understands New York premises liability can help you navigate the details that make or break a claim. The Ahearne Law Firm PLLC is rooted in the Hudson Valley and represents clients across the state in slip and fall, trip and fall, negligent maintenance, and negligent security cases. We focus on timely preservation of evidence, from surveillance and inspection logs to weather records and witness statements. We collaborate closely with medical providers to document injuries and future needs, and we communicate clearly so you always know where your case stands. Our goal is to remove obstacles and pursue fair compensation while you recover.

From initial investigation to negotiation and, when necessary, litigation, our firm is prepared to take the steps your case requires. We understand local procedures and the practical realities of claims involving supermarkets, apartment complexes, office buildings, and municipal properties. We tailor strategy to your situation, evaluating liability, insurance coverage, and damages with a steady, detail-oriented approach. We are accessible, responsive, and committed to thoughtful advocacy that respects your time and priorities. To discuss your potential claim and the next steps, call The Ahearne Law Firm PLLC at (845) 986-2777 for a free, no-obligation consultation.

Call (845) 986-2777 for a Free Consultation

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FAQS

What is premises liability in New York?

Premises liability is the area of law that holds property owners, tenants, and managers responsible for keeping their property reasonably safe for lawful visitors. It covers incidents such as slip and falls on liquids, trip and falls on uneven surfaces, faulty stairs or handrails, falling merchandise, poor lighting, and negligent security. To establish liability, you generally must show the owner owed a duty of care, breached that duty by allowing a dangerous condition, knew or should have known about the hazard in time to fix it, and that the condition caused your injuries. Damages must be proven with medical and related documentation. New York applies pure comparative negligence, which means your compensation may be reduced by your percentage of fault, but you can still recover even if you share blame. Different rules may apply to residential, commercial, and municipal properties, and deadlines can be strict. Because evidence like surveillance video and cleaning logs can be lost quickly, acting promptly to preserve proof can significantly strengthen your claim and improve your ability to pursue fair compensation.

How do I prove a property owner was negligent?

Proving negligence typically involves showing the owner or manager had actual or constructive notice of the hazard and failed to remedy it within a reasonable time. Evidence may include surveillance footage, witness statements, inspection and cleaning logs, incident reports, weather data, photos, and building or safety code violations. The timing of inspections matters, particularly for transient conditions like spills, where a long delay can suggest the property did not follow a reasonable maintenance plan. Clear medical documentation helps connect your injuries to the incident. Insurers often argue that a condition was open and obvious, or that you were solely to blame. A thorough investigation can counter these defenses by establishing lighting conditions, sightlines, warning signage, and the foreseeability of harm. When multiple parties control the property—owners, tenants, managers, or contractors—liability may be shared. Identifying all responsible parties and insurance policies can expand available coverage and improve the path toward a fair settlement or verdict.

What if I was partly at fault for my fall?

New York follows pure comparative negligence, which allows injured people to recover compensation even if they share responsibility for the incident. Your recovery is reduced by your percentage of fault. For example, if a jury finds you 25 percent at fault for not noticing a spill while the store is 75 percent at fault for failing to clean it despite having time and policies to do so, your award will be reduced by 25 percent. You are not barred from recovery unless a court finds no negligence by the defendant. Insurers may try to increase your fault percentage to minimize payouts, so evidence is important. Photos and video, witness statements, incident reports, and inspection logs can show that the hazard existed long enough to be discovered and addressed. Weather records, lighting measurements, and store policies also matter. Careful documentation of your injuries and how they affect your daily life helps present a full picture and supports a fair allocation of fault.

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

For most New York premises liability cases, the statute of limitations is three years from the date of the incident. However, if a city, town, or other public entity is involved, you may have to file a Notice of Claim within 90 days, and the lawsuit deadline can be shorter than for private defendants. Other timelines may apply for wrongful death, minors, or certain government entities. Missing these deadlines can end your claim regardless of its merits, which is why reviewing timelines early is important. Because deadlines and procedures vary, it is wise to confirm which rules apply to your specific property and situation. Early action also helps preserve surveillance footage, maintenance logs, and witness memories, which can fade quickly. If you are unsure about your deadline, reach out promptly to discuss the incident, the type of property involved, and any notices you may need to file to keep your claim on track.

What damages can I recover in a premises case?

Compensation in premises liability cases may include medical expenses, rehabilitation costs, and lost wages for time missed from work. Depending on the injuries, it can also include future medical needs, reduced earning capacity, and non-economic damages such as pain and suffering and loss of enjoyment of life. Documenting these losses with medical records, bills, employment information, and a clear description of how the injuries affect daily activities helps support a fair recovery under New York law. Every case is different, and damages depend on the severity of your injuries, the length of recovery, and the impact on your life and work. Insurers sometimes dispute whether treatment was necessary or whether injuries were pre-existing. Consistent medical care, honest reporting of symptoms, and organized documentation help address these issues. A careful evaluation of both current and future losses provides a more accurate picture of what a fair resolution should look like.

What should I do immediately after a slip and fall?

Your health comes first, so seek medical attention quickly and describe exactly how the incident occurred. If you can do so safely, take photos or video of the hazard, the surrounding area, and your injuries. Report the incident to property management, request that an incident report be created, and ask for a copy or reference number. Gather witness names and contact details and keep your shoes and clothing from that day in their post-incident condition as potential evidence. As soon as possible, put a written request to management to preserve surveillance footage and maintenance or cleaning logs for the time period before and after the incident. Keep all medical records, receipts, and correspondence organized. Avoid detailed statements to insurance adjusters before you understand your rights. Timely steps can help secure critical proof and protect your claim, particularly where businesses routinely overwrite video within days.

Are property owners responsible for snow and ice?

Property owners and contractors in New York must take reasonable measures to address snow and ice, which includes timely removal and treatment, particularly when refreezing is foreseeable. Liability often depends on the timing of the storm, weather conditions, and the owner’s snow and ice policy. Generally, owners are not required to clear surfaces during an ongoing storm, but they should act within a reasonable time afterward and monitor conditions for melting and refreezing that create new hazards. Evidence in snow and ice cases can include weather reports, photos of the site, witness statements, and maintenance records showing when treatment occurred. Contract terms between owners and snow removal companies can also matter, as responsibility can be shared. Because conditions change quickly, documenting the area and preserving proof early can make a significant difference in evaluating whether reasonable steps were taken under the circumstances.

What is negligent security and do I have a claim?

Negligent security involves injuries caused by criminal acts that occur because a property failed to take reasonable safety measures in areas where crime was foreseeable. Examples include inadequate lighting, broken locks, non-functioning cameras, or lack of appropriate security presence in high-risk locations. The key questions are whether similar crimes occurred previously, whether the property owner knew about the risks, and whether reasonable steps could have reduced the chance of harm. To evaluate a negligent security claim, investigations often review prior incident data, police reports, building access controls, lighting levels, and security policies. Video footage and witness accounts can show how the incident unfolded and whether simple, practical measures would have helped. Because foreseeability and reasonable measures are central issues, timely collection of records and a thorough look at conditions before the incident can be decisive in determining responsibility and available compensation.

Can I bring a claim against New York City or a municipality?

Yes, you can bring claims against New York City or other municipalities, but special rules apply. Most notably, a Notice of Claim may be required within 90 days of the incident, and lawsuits generally must be filed within one year and 90 days. Sidewalk, roadway, and public building cases can involve additional prerequisites, including prior written notice requirements in some jurisdictions. Missing these steps can jeopardize your claim even if the facts are strong. Because municipal procedures are strict and evidence can be controlled by the government, prompt action is important. Early requests for records, surveillance, maintenance logs, and 311 or prior complaint data can help establish notice and responsibility. Understanding the specific property owner, agency involvement, and applicable statutes can clarify your path and protect your ability to seek compensation for injuries sustained on public property.

Do I need an attorney, and how do fees work?

Premises liability claims involve legal standards, evidence rules, and deadlines that can be difficult to navigate while recovering from injuries. An attorney can help preserve key proof, identify all responsible parties and insurance coverage, and present your damages clearly. While no result is guaranteed, having an advocate focused on the details can help you avoid common pitfalls and pursue a fair outcome based on the facts of your case. Most personal injury firms, including The Ahearne Law Firm PLLC, handle these cases on a contingency fee, meaning legal fees are typically paid from any recovery and not upfront. You also remain responsible for case expenses, which are explained before representation begins. We offer a free, no-obligation consultation to discuss your situation, timelines, and next steps. Call (845) 986-2777 to learn more about how we can help you move forward after an injury on unsafe property.