Every property owner is legally responsible for maintaining a safe environment for the people who visit. When they fail to uphold this duty, accidents happen, often leaving victims with life-altering injuries and growing medical bills.
If you’ve been hurt on someone else’s property due to unsafe conditions, a New York Property Owner Negligence Lawyer could help you hold them accountable and seek the compensation you deserve.
Whether you slipped on an unmarked wet floor, tripped over broken stairs, or were injured due to negligent property maintenance, your case matters. Unsafe premises are not only dangerous but entirely preventable in many cases.
No matter how complex the situation feels, legal protections ensure that property owners pay for the harm their negligence causes.
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Table of Contents
- What Is Property Owner Negligence?
- Do I Have a Case for Property Owner Negligence in New York?
- Common Injuries from Unsafe Properties
- What Damages Can I Recover as a Victim of Property Owner Negligence?
- Why Choose Queller Fisher for Your Property Owner Negligence Case?
- What To Do While Healing from Property Owner Negligence
- FAQ Section for New York Property Owner Negligence Lawyer
- Reclaim Your Safety and Justice
What Is Property Owner Negligence?
Property owner negligence occurs when someone in control of a property fails to take reasonable steps to ensure its safety. This applies to residential, commercial, and public spaces alike.
If hazards exist and the owner or manager fails to address them within a reasonable time, they may be legally liable for any injuries that result.
Common examples of property owner negligence include:
- Slippery Floors: Failure to clean, dry, or mark wet or greasy areas.
- Broken Stairs and Handrails: Loose or poorly maintained staircases lead to countless accidents.
- Poor Lighting: Dim or darkened hallways, parking lots, and stairwells increase the risk of slips, trips, and assaults.
- Uneven Walkways or Loose Carpets: Common causes of trip-and-fall accidents in both homes and businesses.
- Falling Objects: Items unsecured on shelves or ceilings can cause head injuries or worse.
- Defective Security Measures: Missing locks, broken gates, or insufficient security cameras that enable crime on the premises.
Negligent property owners in New York can be held responsible under premises liability laws.
However, proving their fault requires demonstrating their knowledge of the hazard, their failure to resolve it, and the direct link between their negligence and your injury.
Do I Have a Case for Property Owner Negligence in New York?
If you’ve suffered an injury on another person’s property, you may be wondering if you have grounds for legal action.
Property negligence cases often hinge on a few key factors:
- Unsafe Conditions Existed: A hazard such as a spill, broken stair, or other dangerous defect was present.
- The Owner Knew (or Should Have Known): The property owner or manager either knew about the issue or should have reasonably discovered it through routine inspections.
- Reasonable Action Wasn’t Taken: The owner failed to address the hazard or post clear warnings about the danger in time to prevent your accident.
- You Were Lawfully Present: New York law largely protects people who are invited onto a property, such as customers, tenants, or guests. Trespassers generally have limited legal recourse unless the property conditions were outright malicious or deceptively unsafe.
Because there are nuances depending on your situation, consulting an attorney familiar with New York premises liability cases is the best way to determine if you have a solid claim.
Common Injuries from Unsafe Properties
Property negligence can lead to a range of injuries, some of which have lasting or even permanent effects. Victims often suffer from the following:
- Traumatic Brain Injuries (TBI): Common in slip-and-fall or trip-and-fall accidents where a victim strikes their head.
- Spinal Cord Injuries: Fractures, slipped discs, or paralysis related to falls or falling objects.
- Fractures and Broken Bones: Particularly common in areas of frequent foot traffic or on poorly maintained stairs.
- Sprains and Soft Tissue Damage: Injuries to ligaments, tendons, or muscles often occur after slips or trips.
- Burns or Electrical Injuries: Resulting from unprotected wiring or unsafe building conditions.
These injuries often require extensive medical care, physical therapy, and time off work, creating financial strain alongside physical pain and suffering.
What Damages Can I Recover as a Victim of Property Owner Negligence?
Under New York law, individuals injured on another person’s property by negligence may pursue compensation for a variety of damages:
- Medical Expenses: Reimbursement for immediate treatments, hospital visits, ongoing therapies, and future medical needs related to the injury.
- Lost Income: Coverage for wages lost during recovery or reductions in earning capacity if your injury impacts future career prospects.
- Pain and Suffering: Compensation for the physical pain and emotional strain you’ve endured.
- Loss of Enjoyment of Life: Damages reflecting the inability to participate in activities you once enjoyed.
- Property Damage: Reimbursement for belongings damaged in the incident, such as phones, clothing, or vehicles.
Each case is unique, and determining the full value of your claim requires evaluating both immediate and long-term repercussions of your injury.
Why Choose Queller Fisher for Your Property Owner Negligence Case?
At Queller Fisher, we’ve dedicated over 48 years to representing individuals who’ve been injured due to carelessness or negligence. When you choose a New York Property Owner Negligence Lawyer from our team, you’re choosing relentless advocacy, unparalleled resources, and a history of proven results.
Here’s how we stand out:
- Proven Success Across Settlements and Trials
With over $1 billion recovered on behalf of our clients, we’re committed to achieving outcomes that reflect the full scope of our clients’ pain and losses. - Recognized Excellence
Our attorneys have earned accolades from prestigious organizations such as Super Lawyers® and Martindale-Hubbell. Additionally, our firm is ranked among the Best Law Firms in the New York Metro area. - Empathy Backed by Action
We understand the challenges our clients face after an injury, and we work tirelessly to make the legal process as seamless as possible while ensuring justice is served. - Thorough Case Investigation
Property negligence claims require detailed evidence ranging from security camera footage to maintenance logs or witness testimony. We leave no stone unturned in building your case. - Decades of Experience Fighting for Injured New Yorkers
Whether your case requires fierce negotiation or aggressive trial representation, our team is equipped to deliver justice for injured individuals across NYC, Westchester, Nassau, and Suffolk counties.
When landlords or property managers disregard safety, our job is to hold them accountable. When you’re ready to move forward, we’ll be here to help.
What To Do While Healing from Property Owner Negligence
Focusing on your recovery is always the priority after being injured on unsafe property.
However, there are steps you can take to protect your claim while healing:
- Visit a Doctor Promptly
Get your injuries evaluated and documented by a medical professional as soon as possible. Prompt treatment can prevent complications and strengthens your case. - Take Photos or Videos of the Hazard
If it’s safe to do so, document the accident scene as thoroughly as possible with images or videos. Include photographs of your injuries as well. - Identify Witnesses
Collect the names and contact information of anyone who saw the hazard or your accident. Their statements can add credibility to your case. - Report the Incident
File an accident report with the property owner, manager, or their insurance company, but don’t give recorded statements without consulting an attorney first. - Organize Evidence
Keep copies of medical bills, communications about the accident, property safety reports, and any other paperwork connected to your injury. - Limit Public Commentary
Avoid sharing details about your injury or accident on social media as these posts could be used against your claim.
Taking proactive steps doesn’t just protect your ability to recover damages; it also provides peace of mind as your case progresses.
FAQ Section for New York Property Owner Negligence Lawyer
1. What kinds of properties are covered under New York’s premises liability laws?
Premises liability laws in New York apply to various property types, including private residences, apartment complexes, office buildings, retail stores, restaurants, public parks, and even parking lots. Whether it’s a residential or commercial property, owners are responsible for maintaining a safe environment.
2. Can tenants sue their landlords for unsafe conditions in rental properties?
Yes, tenants can file a claim if their landlord knew or should have known about unsafe conditions, such as broken stairs or faulty wiring, and failed to address them in a reasonable amount of time, leading to injury.
3. Do property owners owe the same duty of care to all visitors?
No, the duty of care varies depending on the visitor’s status. Property owners owe the highest duty of care to invited guests, like customers or tenants. Individuals who are trespassing usually have limited legal protections unless the property contained intentionally dangerous or unsafe conditions.
4. What if bad weather, such as snow or ice, caused my injury?
Property owners in New York are required to take reasonable steps to clear snow, ice, or other weather-related hazards within a suitable timeframe. If a failure to address these hazards caused your injury, you may have a valid case.
5. Can I still file a claim if I wasn’t immediately aware of the property hazard?
Yes, as long as evidence shows the property owner knew or should have known about the hazard, you may still have grounds for a negligence claim, even if the issue wasn't apparent at first glance.
6. What should I do if the property owner tries to deny responsibility?
If a property owner disputes liability, it’s essential to consult an attorney who can gather evidence, such as surveillance footage, maintenance records, or witness testimonies, to support your case.
7. Will filing a claim affect my relationship with my landlord or property owner?
Filing a claim can feel daunting, especially if you interact with the property owner regularly. However, if their negligence caused your injury, you are within your legal rights to seek compensation. Legal action centers on fairness, not personal conflict.
8. Are businesses responsible for injuries in parking lots they manage?
Yes, business owners or managers must maintain safe conditions in areas like parking lots, ensuring proper lighting, clear walkways, and prompt removal of hazards. Failing to address these issues could make them liable for injuries.
9. How do I prove the property owner’s negligence caused my injury?
Proving negligence involves showing the hazard existed, the property owner either knew or should have known about it, and they failed to address it in time. Collecting evidence, such as photos, witness statements, and maintenance logs, is crucial.
10. Can I sue if my child was injured on unsafe property?
Yes, property owners owe a heightened duty of care to protect children from hazards, especially those considered attractive nuisances like swimming pools or unsecured construction zones. If your child is injured due to unsafe conditions, you can seek compensation on their behalf.
Reclaim Your Safety and Justice
Negligent property owners should never get away with leaving others to suffer because of their inaction. Whether you’re facing medical bills, physical pain, or stress, New York law provides the means to hold these parties accountable for their duty to maintain safe premises.
At Queller Fisher, we’re proud to serve clients in Brooklyn, Queens, the White Plains, and surrounding counties, including Westchester, Nassau, and Suffolk. If you’ve been injured due to unsafe property conditions, contact us today for a free consultation.
Your future is bright, even if it doesn’t feel that way right now. Call us today at (212) 406-1700 to learn how we can fight for the justice and compensation you deserve.
Queller, Fisher, Washor, Fuchs & Kool - New York Office
233 Broadway #1800,
New York, NY 10279
Ph: (212) 406-1700