New York City Premises Liability Lawyer

Property owners in New York City have a duty to keep their premises reasonably safe for lawful visitors. When they fail to do so, whether at a private residence, business, or public space, the result can be a serious injury.

The New York premises liability lawyers at Hach & Rose, LLP represent people injured by hazardous conditions on property they didn’t own or control.

Call (646) 971-9333 for a free consultation.

Why Choose Hach & Rose, LLP?

For more than 25 years, Hach & Rose, LLP has represented New Yorkers in premises liability claims involving unsafe conditions, negligent property owners, and inadequate security. Depending on your case, we can:

• Investigate the accident scene and secure surveillance footage before it’s lost.
• Review maintenance records and incident reports for a pattern of neglect.
• Work with engineers, safety consultants, and medical experts when appropriate.
• Identify every party that may share liability for the hazard.
• Handle all communication with insurers on your behalf.
• Negotiate with insurers and pursue litigation when a fair settlement isn’t offered.

We handle premises liability cases on a contingency basis, so there are no upfront costs and you only pay if we recover compensation for you.

What to Do After a Premises Liability Accident in New York

The moments after an accident on another person’s property can be confusing and overwhelming. Knowing the right steps to protect your rights and strengthen your claim is critical.

Here is a detailed checklist to follow:

1. Notify the Property Owner or Manager Immediately
   Report the incident as soon as possible. Businesses often require injured people to complete an incident report form. Be detailed and factual, but do not discuss fault. If the accident occurs in a public space, notify local authorities and file a police report if necessary.
2. Document the Scene and Injuries
   Take clear photos of the accident location, the hazardous condition, and any visible injuries. Include personal property damaged during the incident, such as phones or watches.
3. Gather Witness Information
   Speak with anyone who saw the accident happen and record their names and contact information for future statements.
4. Seek Prompt Medical Attention
   Even minor injuries should be evaluated by a healthcare professional. Some injuries don’t show symptoms until days later, so early documentation can support your claim.
5. Contact an Experienced Premises Liability Attorney
   Early legal consultation allows immediate investigation, evidence preservation, and strong claim preparation.
6. Preserve All Related Records
   Keep copies of medical bills, treatment notes, employment records, and correspondence related to your injury.
7. Allow Your Attorney to Lead Settlement Negotiations
   Insurance companies may offer early settlements that do not reflect the true value of your injuries. Do not let them intimidate you. Our lawyers will negotiate aggressively for fair compensation.
8. Prepare for Trial if Needed
   If negotiations stall or fail, our team will use skilled advocacy to ensure that your case is ready for court.

Common Causes of Premises Liability Accidents

Property owners owe a duty of care to keep their premises safe for lawful visitors. When they breach this duty, accidents can arise from dangerous conditions such as:

• Poor maintenance, including damaged flooring or broken stairs
• Inadequate security leading to assault or other criminal acts
• Unsecured rugs or mats creating trip hazards
• Defective staircases or railings
• Objects left in walkways
• Uneven pavement or potholes
• Wet or slippery floors without warning signs
• Poor lighting in stairwells, parking lots, or walkways
• Faulty elevators or escalators
• Electrical hazards
• Fire or gas explosions caused by neglected safety equipment

No matter the cause, each dangerous condition demands skilled legal analysis and investigation to establish liability and recover damages.

What Types of Injuries and Damages Can I Request in a Premises Liability Claim in NY?

Since these cases can arise from many different situations, the Injuries caused by unsafe properties can range from minor cuts to severe, permanent disabilities, such as:

• Broken bones
• Head, neck, or spinal injuries
• Burns or electric shocks
• Soft tissue damage
• Emotional and psychological trauma

Most legal damages are divided into two categories. Economic damages can be proved by a receipt, bill, or other document. Victims of premises liability accidents are often entitled to economic damages such as:

• Past and future medical expenses
• Lost wages and diminished earning capacity
• Property damages, including the cost to repair or replace the item

Non-economic damages are more subjective, but often play a larger role in injury cases than most people expect. Proving these losses may require working with a life-care planner, economist, or other financial expert. Non-economic damages may include:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of consortium for families in wrongful death cases

If you partner with the team at Hach & Rose, every injury and its impact on your life are carefully considered as we build a legal claim to pursue compensation for your losses. We also gather the evidence needed to prove a property owner is negligent so you have the strongest case possible.

Who Can Be Held Liable?

Depending on how the accident happened, liability may extend to:

• Business owners and managers
• Landlords and property management companies
• Security firms contracted to protect the premises
• Contractors or maintenance providers responsible for repairs
• Manufacturers of defective safety equipment or building materials
• Municipalities, for failure to maintain public sidewalks or parks

Proving a Premises Liability Claim

To recover compensation, New York law generally requires proving that:

• The property owner owed you a duty to maintain safe premises.
• That duty was breached through action or inaction.
• The breach caused your injury.
• You suffered actual damages as a result.

New York follows a pure comparative negligence rule, meaning you may still recover damages if you were partially at fault, though any award is reduced by your percentage of fault.

How Does Hach & Rose, LLP Investigate Your Case?

Successful premises liability claims revolve around thorough investigation and compelling evidence. Our legal team is committed to building the strongest possible case based on:

• Scene Inspection: We visit your accident site promptly to document hazards through photos, videos, and measurements.
• Collecting Incident Reports: Accident reports and property management logs provide essential facts.
• Interviewing Witnesses: Detailed statements of unbiased third-party witnesses can reinforce your account.
• Securing Surveillance Footage: Video evidence can be pivotal in proving property condition or the lack of warning. We know where to look for this evidence and how to request it.
• Reviewing Maintenance and Safety Records: Businesses may have a pattern of neglect or ignored warnings that support our argument for their liability.
• Work with Consulting Experts: Engineers, safety consultants, and medical specialists can help validate claim elements.
• Medical Documentation: We gather comprehensive records of your injuries and treatment to support the damages we demand on your behalf.

Insurance companies conduct their own investigations, often to find ways to limit the property owner’s responsibility and the insurer’s payouts. We can protect you by handling all communications with insurers so you can focus on your physical and emotional recovery, and our team knows how insurance companies negotiate to reduce payments.

How to File a Premises Liability Claim in New York: Your Legal Pathway

To prevail in settlement negotiations or at a trial in the court system, New York law requires you to prove these elements:

1. The defendant owed you a legal duty to maintain safe premises.
2. That duty was breached through their actions or inaction.
3. The breach caused your injury.
4. You suffered actual damages as a result.

New York follows a pure comparative negligence rule, which means you can still recover financial damages even if you were partially responsible for your accident. However, your award of damages may be reduced by your percentage of fault. 

We help navigate statutes of limitations, filing deadlines, insurance claim protocols, and complex legal requirements that vary by location and circumstance.

Frequently Asked Questions About Premises Liability in New York

Premises Liability Video FAQs

Contact a New York Premises Liability Lawyer

If you were injured on someone else's property because of a hazardous condition, Hach & Rose, LLP can review what happened and help you understand your legal options.

Call (646) 971-9333 or contact us online for a free, confidential consultation.