Premises Liability Attorneys Serving the New York Area
Leav & Steinberg LLP handles premises liability cases where unsafe property conditions cause injury. Property owners have a duty to maintain reasonably safe environments for visitors and occupants. If hazards are ignored or not properly addressed, injured individuals may pursue compensation through a premises liability claim.
Property owners throughout New York are expected to maintain their properties in reasonably safe conditions. When these expectations aren’t met and directly cause injury to visitors or residents, property owners may be deemed negligent in a premises liability case. Learn more about premises liability and if Leav & Steinberg LLP can help you build your case.
Premises Liability Attorney in New York and The Bronx
According to New York law, property owners have a “duty of care” to make sure their building is free of obvious and potential dangers that could be harmful to residents or customers. If these standards aren’t met and lead to an accident or injury, the owner could be held responsible for damages that occur on their property. Our team of premises liability attorneys can help you determine if your injury qualifies for a premises liability case.
What Is Premises Liability?
To be considered a premises liability case, your injury must result from the property owner’s negligence. This means the property owner must have known that property conditions were unsafe yet still didn’t take any action to remedy them. Possible compensation for premises liability cases may include monetary damages to cover medical bills, pain and suffering, and lost wages.
Types of Premises Liability Cases We Specialize In
Whether you have been injured in a parking lot, shopping mall, restaurant, grocery store, apartment complex, or another property type due to the owner’s negligence, you may be entitled to compensation. Our dedicated team of attorneys has worked on a variety of premises liability cases, and we specialize in the following:
Commercial Building Premises Liability
Business owners and operators have a legal responsibility to ensure that customers, employees, and other visitors can safely access and move through their property. This duty includes regularly inspecting the premises and repairing hazards such as damaged stairs, broken glass, defective equipment, or security issues that could endanger visitors.
If the responsible party fails to repair hazards or provide adequate warning signs, they may be held liable for negligence. Commercial premises liability claims can arise from unsafe conditions in retail stores, restaurants, office buildings, hotels, shopping centers, and other commercial properties.
Commercial premises liability cases commonly involve hazards such as:
- Falling objects
- Elevator and escalator accidents
- Slip and fall hazards
- Stairwell accidents
- Electrocution or exposed wiring
- Defective sidewalks outside the building
- Insufficient security measures
- Faulty equipment or unsafe fixtures
In many situations, more than one party may share responsibility for the property. Liability may involve the business tenant, property owner, property management company, or maintenance contractors.
If unsafe conditions at a business or commercial property caused your injury, the attorneys at Leav & Steinberg LLP can help evaluate your legal options and determine which parties may be responsible.
Residential Premises Liability
Residential premises liability cases involve injuries that occur on private residential property, including apartment buildings, rental homes, and condominium complexes. Property owners and landlords have a duty to maintain safe living conditions for tenants, guests, and anyone lawfully on the property.
To pursue a residential premises liability claim, the injured person generally must show that they were legally on the property and that the property owner knew, or reasonably should have known, about the dangerous condition that caused the injury but failed to correct it.
Hazardous conditions in residential premises liability cases may include:
- Negligent security or broken locks
- Insufficient lighting in hallways or stairwells
- Failure to warn visitors about known hazards
- Unsafe building conditions or structural issues
- Falling objects or loose building materials
- Wet or slippery floors
- Hidden extension cords or electrical hazards
- Unsecured rugs or carpeting
Apartment buildings often present additional risks because landlords and building managers are responsible for maintaining common areas such as stairwells, elevators, lobbies, and parking areas.
When landlords or homeowners fail to correct dangerous conditions that place tenants or visitors at risk, injured individuals may have the right to pursue a premises liability claim for compensation.
Sidewalk Slip and Fall Liability
Sidewalk slip and fall accidents are common in New York City due to the high volume of pedestrian traffic and the large number of commercial and residential buildings. Property owners are generally responsible for maintaining the sidewalks adjacent to their buildings in a safe condition.
Hazards that can lead to sidewalk slip and fall accidents include:
- Cracked or uneven pavement
- Snow and ice accumulation
- Loose or broken concrete
- Debris left on walkways
- Poor lighting in pedestrian areas
Responsibility for sidewalk maintenance can vary depending on the type of property involved. In many cases, commercial property owners or apartment building landlords are responsible for keeping adjacent sidewalks safe and accessible.
Sidewalk accidents can cause serious injuries such as fractures, head injuries, or spinal trauma. Determining liability often requires examining maintenance responsibilities and whether the property owner had notice of the dangerous condition.
If hazardous sidewalk conditions contributed to your fall, a premises liability attorney can help identify who may be responsible and what legal options may be available.
Elevator Accident Liability
Elevator accidents can occur when building owners or management companies fail to properly inspect, maintain, or repair elevator systems. Property owners have a non-delegable duty to ensure elevators are maintained in safe working condition and that safety complaints are addressed promptly.
When elevators malfunction, the consequences can be severe. Victims may experience injuries caused by sudden drops, door malfunctions, misaligned floors, or abrupt stops.
Elevator accident cases may involve issues such as:
- Poor elevator maintenance or inspection failures
- Mechanical defects or faulty components
- Improper repairs by maintenance contractors
- Failure to remove unsafe elevators from service
- Lack of warning signs for malfunctioning elevators
In some cases, liability may extend beyond the property owner to include elevator repair companies, maintenance contractors, or manufacturers of defective equipment.
When an elevator malfunction results in injury, investigating inspection records, maintenance logs, and repair practices can help determine whether negligence played a role.
Defective Maintenance of Buildings and Property
Property owners and occupiers in New York have a legal obligation to maintain their buildings and surrounding property in a reasonably safe condition. When routine maintenance is ignored or repairs are delayed, dangerous conditions can develop that place residents, employees, and visitors at risk.
Maintenance failures can lead to a wide variety of accidents and injuries, particularly when building systems or common areas are not properly inspected or repaired.
Common accidents related to defective maintenance include:
- Slips and falls caused by poorly maintained flooring or stairs
- Injuries resulting from inadequately trained staff
- Accidents involving faulty lighting or electrical wiring
- Injuries caused by improperly designed or damaged stairs and doorways
Maintenance responsibilities often extend throughout the property, including stairways, elevators, hallways, courtyards, driveways, and sidewalks.
If poor maintenance or neglected repairs caused your injury, the legal team at Leav & Steinberg LLP can review the circumstances of the accident and help determine whether a premises liability claim may be appropriate.
Do I Have a Premises Liability Case?
If you are injured on someone else’s property, you could qualify for a case, but you need to prove negligence by the property owner. Photo or video evidence is crucial to prove the owner was negligent in maintaining safe conditions. If the property has security cameras, request them right away. Be sure to take pictures of your injury, where the injury occurred, and gather any witness statements you can.
If you received medical treatment for your injuries, make sure to have all medical bills and documentation in order. When litigating a premises liability case, your story must be concise, clear, and consistent. Be sure to make note of the details of your injury and the condition of the building at that time. Premises liability cases require substantial evidence, which is why it’s best to consult an experienced attorney.
Client Success Story: 500,000 Settlement at Mediation
Our premises liability attorneys always stand ready to represent our clients and support them in receiving the justice they deserve. For one client, that justice took the form of $500,000 and a settlement at mediation.
Our client retained attorney Robert Rose after she was injured in a trip-and-fall accident due to cracked pavement in a parking lot. She required surgery on her ankle and later developed other health complications. The defendants attempted to argue that the condition of the pavement was not defective and that her health complications were not related to the accident.
We ultimately prevailed, in part due to the experts we hired to prove our case. We brought on an expert engineer who immediately went to the scene of the accident to take measurements, thus proving there was a defective condition that should have been fixed. We also enlisted the help of a separate medical expert who helped us prove her health complications were a result of the accident.
These experts would have testified at trial if needed, but due to the preparation we did at an early stage, we forced the defendants to settle for $500,000 and used the mediation process to obtain that result.
Learn more about our record of success with premises liability cases.
What Is the Difference Between Premises Liability and General Liability?
Premises liability refers specifically to injuries caused by unsafe or hazardous conditions on someone else’s property. Property owners and occupiers have a legal duty to maintain reasonably safe conditions for visitors, tenants, and customers.
General liability, by contrast, is a broader category of liability that can cover many types of personal injury claims, including incidents not directly tied to property conditions. These claims may involve defective products, business operations, or professional negligence.
What Is an Example of Premises Liability?
A premises liability claim arises when a person is injured because a property owner failed to maintain safe conditions on their property.
For example, slipping on an unmarked wet floor in a grocery store may qualify as a premises liability case if the store owner knew, or reasonably should have known, about the hazard and failed to correct it or provide proper warning. Other examples include injuries caused by broken stairs, poorly lit walkways, falling objects, or malfunctioning elevators.
In these situations, the injured person may be able to pursue compensation if the property owner’s negligence contributed to the accident.
What Does Premises Liability Cover?
Premises liability covers injuries caused by dangerous property conditions or negligent property maintenance. Property owners are expected to regularly inspect their premises and correct hazards that could harm visitors.
Common incidents covered under premises liability law include:
- Slip and fall accidents
- Falling objects or debris
- Inadequate security leading to assaults or injuries
- Poor lighting in stairwells or walkways
- Icy or poorly maintained sidewalks
- Unsafe staircases, railings, or flooring
If a property owner fails to address these hazards and someone is injured as a result, the injured party may have grounds to pursue a premises liability claim.
Is Premises Liability the Same as Landlord Liability?
Landlord liability is a specific type of premises liability that applies to rental properties such as apartment buildings, condominiums, and rental homes.
Both legal concepts involve a property owner’s duty to maintain safe conditions. However, landlord liability often involves hazards affecting tenants and their guests over an extended period of time. Examples include failing to repair broken stairways, unsafe fire escapes, defective wiring, or inadequate building security.
When landlords neglect these responsibilities, and someone is injured, they may be held liable under New York premises liability law.
Do I Have a Premises Liability Case?
You may have a premises liability case if your injury occurred because of unsafe conditions on someone else’s property, and the property owner failed to take reasonable steps to correct the hazard.
To pursue a claim, it must generally be shown that:
- A dangerous condition existed on the property
- The property owner knew or should have known about the hazard
- The hazard was not properly repaired or addressed
- The unsafe condition caused your injury
The attorneys at Leav & Steinberg LLP can review the details of your accident and help determine whether negligence by a property owner may support a premises liability claim.
What Evidence Is Important in a Premises Liability Case?
Strong evidence is essential in proving that a property owner’s negligence caused an injury. The goal is to show that a hazardous condition existed and that the owner failed to address it in a reasonable timeframe.
Key evidence in premises liability cases may include:
- Photographs or a video of the dangerous condition
- Incident or accident reports
- Witness statements from people who saw the accident
- Surveillance footage from the property
- Property inspection or maintenance records
Attorneys may also consult safety experts to determine whether the property owner violated accepted safety standards or maintenance obligations.
How Long Does It Take to Settle a Premises Liability Case?
The timeline for resolving a premises liability case can vary depending on several factors, including the severity of the injuries, the complexity of the case, and whether the claim settles or proceeds to trial.
Some claims may resolve within several months through negotiations with insurance companies, while more complex cases may take one to three years if litigation becomes necessary. The timing can also depend on how long medical treatment takes, since full recovery information is often needed to calculate damages.
An experienced New York City premises liability attorney can help guide injured individuals through the process and work toward a fair resolution of their claim.
Learn more about our record of success with premises liability cases.
Our Attorneys’ Premises Liability Experience
Leav & Steinberg has helped many clients receive settlements for their premises liability cases throughout New York and The Bronx area. Our team is transparent and honest, and we’ll walk you through the entire process.
If you’ve been injured due to unsafe property conditions, our premises liability attorneys in Manhattan and the Bronx are here to help. Contact us today to schedule a consultation.