Premises Liability

New York Premises Liability Lawyers

Record-Breaking Trial Results for Injured New Yorkers Since 1995

Unsafe property conditions cause serious injuries every day across New York City and throughout the state. Falls, inadequate security, broken stairs, defective sidewalks, and similar hazards can leave people facing mounting medical bills, lost income, and injuries that don’t fully heal. At Godosky & Gentile, we’ve represented premises liability clients in New York since 1995, and we bring the full weight of that trial record to every case we accept.

We represent people injured because a property owner, landlord, business, management company, tenant, or contractor failed to keep a property reasonably safe. A premises liability claim depends on specific facts: who owned or controlled the property, whether the hazard was known or should have been discovered, how long the condition existed, whether safety rules were violated, and whether reasonable warnings were given. Getting those facts right from the start is what separates a strong claim from a weak one.

If you were injured because of unsafe property conditions, don’t wait to get answers about your rights. Contact Godosky & Gentile now to schedule a free consultation with a New York City premises liability attorney.

What Is Premises Liability in New York?

Premises liability is the area of law that holds property owners and others in control of property accountable when unsafe conditions cause harm to lawful visitors. In New York, that duty includes maintaining the property in a reasonably safe condition and, in some situations, warning about known dangers that haven’t yet been addressed.

A claim may arise when a property owner or manager fails to inspect the premises, repair a dangerous condition, clean up a hazard, provide adequate lighting, secure the property, or warn visitors about a known risk. These accidents happen in apartment buildings, stores, restaurants, office buildings, hotels, sidewalks, parking lots, stairwells, schools, and other public or private spaces.

Types of Premises Liability Cases We Handle in New York

Unsafe property conditions lead to many different types of accidents, and each case depends on the specific hazard, where the incident happened, and who was responsible for maintaining the property. We represent clients across a wide range of New York premises liability matters.

Our case types include:

Slip and fall accidents in grocery stores, restaurants, hotels, office buildings, and apartment complexes
Trip and fall accidents caused by broken flooring, torn carpeting, debris, or uneven walking surfaces
Snow and ice accidents involving sidewalks, entryways, parking lots, and walkways
Sidewalk injury claims involving cracks, holes, raised concrete, or dangerous elevation changes
Stairway accidents caused by broken steps, missing handrails, poor lighting, or unsafe maintenance
Cellar door and sidewalk grate accidents, which are common in parts of New York City
Falling object injuries caused by unsecured items, unstable shelving, or negligent maintenance
Inadequate security claims involving assaults, attacks, or injuries in stairwells, parking garages, apartment buildings, hotels, or commercial properties
Elevator and escalator accidents caused by poor inspection, repair, or maintenance
Building code violation cases involving unsafe exits, structural defects, poor lighting, or missing warning signs

Premises liability injuries happen across all five boroughs: Manhattan, Brooklyn, the Bronx, Queens, and Staten Island.

Common Dangerous Property Conditions

Many premises liability claims involve hazards that should have been fixed, blocked off, or clearly warned about before someone got hurt.

Common dangerous conditions include:

Wet or slippery floors
Icy sidewalks or untreated walkways
Cracked pavement or uneven flooring
Loose mats or torn carpeting
Broken stairs or missing handrails
Poor lighting in hallways, stairwells, and parking areas
Unsafe cellar doors or sidewalk grates
Falling merchandise or unsecured displays
Broken locks, gates, or entry systems
Neglected common areas in residential or commercial buildings

A New York premises liability attorney can evaluate whether the dangerous condition was preventable and whether the responsible party failed to take reasonable action.

Injuries Caused by Unsafe Property Conditions

Unsafe property accidents can cause serious harm, including injuries that require extensive medical care and long-term recovery.

Depending on the circumstances, victims may suffer:

Brain injuries
Back and spinal cord injuries
Broken bones and fractures
Hip injuries
Catastrophic injuries
Knee, shoulder, and ankle injuries
Neck injuries
Soft tissue damage
Internal injuries
Permanent disability
Fatal injuries

Even an accident that first appears minor can lead to serious complications, especially for older adults who suffer head, back, or hip injuries.

Who Can Be Held Liable in a New York Premises Liability Claim?

Liability depends on who had responsibility for the property and the specific area where the accident happened.

Depending on the facts, a claim may involve:

Property owners
Landlords
Tenants
Commercial businesses
Property management companies
Maintenance companies
Security companies
Contractors or subcontractors
Government entities responsible for public property

In some cases, more than one party may share responsibility. Identifying the proper defendants may require reviewing leases, maintenance records, repair history, security contracts, inspection records, and witness statements.

How to Prove a Premises Liability Case in New York

To recover compensation, an injured person must generally show that a dangerous condition existed and that the responsible party failed to take reasonable steps to address it. Two of the most important proof issues are actual notice and constructive notice. A property owner has actual notice when they personally knew about the hazard because they created it, discovered it, or were told about it. Constructive notice applies when the condition existed long enough, or was obvious enough, that a reasonable owner conducting regular inspections would have found and fixed it.

Other key proof issues include:

Whether the defendant owned, occupied, managed, or controlled the property
Whether the dangerous condition existed long enough that it should have been discovered
Whether the defendant created the hazard
Whether reasonable steps were taken to fix the hazard or warn people about it
Whether the dangerous condition directly caused the injury

We investigate premises liability cases by gathering incident reports, maintenance logs, surveillance footage, photos, medical records, inspection reports, code violation records, and witness testimony. The strength of that evidence record often affects whether a case settles favorably or goes to trial.

Why Fast Action Matters After a Premises Liability Accident

Time is critical in premises liability cases. Dangerous conditions may be repaired quickly after an accident, surveillance footage is often deleted on routine cycles, and witnesses become harder to reach over time. Waiting can make a claim far more difficult to prove.

We move quickly to investigate the scene, request surveillance footage, send preservation notices, gather records, and document the condition that caused the injury. In many New York City cases, early investigation can make a decisive difference in the strength of a claim.

What to Do After a Slip and Fall or Other Property Accident in New York

The steps taken after an accident can affect both your health and your legal claim.

After a premises liability injury, it’s often important to:

Report the incident to the property owner, manager, landlord, or business
Seek medical treatment as soon as possible
Take photographs of the hazard, the surrounding area, and visible injuries
Get names and contact information for any witnesses
Keep the shoes and clothing worn at the time of the accident
Avoid giving recorded statements to insurance adjusters without legal guidance
Contact a New York premises liability lawyer promptly

Many people don’t realize how important early documentation can be. Photos, incident reports, and prompt medical records often become key evidence in these cases.

Speak with a New York premises liability lawyer at Godosky & Gentile to discuss how your accident happened and what legal options may be available. Call (212) 742-9706 today for a free consultation.

Actual Notice vs. Constructive Notice in New York Premises Liability

Whether a property owner knew or should have known about a dangerous condition is often the central dispute in a premises liability case. New York courts distinguish between two types of notice, and which one applies can shape the entire theory of the case.

Actual Notice
Actual notice means the property owner had direct knowledge of the hazard before the accident. That knowledge can arise because the owner or their employees created the condition, found it themselves, or were told about it by a tenant, customer, or prior visitor. When actual notice is established, the focus shifts to whether the owner took reasonable steps to address it.

Constructive Notice
Constructive notice applies when the hazard existed for long enough, or was visible enough, that a reasonable owner performing regular inspections would have discovered and corrected it. The owner can’t escape liability simply by claiming they didn’t know. Courts consider how long the condition was present, whether it was in a high-traffic area, whether it had been reported before, and whether similar incidents had occurred at the same location.

For temporary hazards such as spills, the time between when the condition appeared and when the accident happened is a central issue. A spill present for two minutes raises different questions than one that had been on the floor for two hours. A recurring hazard, or one in a heavily trafficked area, can strengthen the argument for constructive notice significantly.

NYC Administrative Code Section 7-210 & Sidewalk Liability

Sidewalk injury cases in New York City involve a specific legal framework that often surprises people unfamiliar with it. Under NYC Administrative Code section 7-210, the City of New York transferred responsibility for maintaining most sidewalks from the city itself to the owners of adjacent properties. That shift has real consequences for who gets sued and how these cases are built.

When a pedestrian is injured by a defective sidewalk in front of an apartment building, a mixed-use property, or a commercial space, the adjacent property owner is typically the proper defendant rather than the city. The property owner’s obligation under section 7-210 includes inspecting, repairing, and replacing the sidewalk to keep it in a reasonably safe condition.

One-, two-, and three-family homes that are owner-occupied and used solely as residences are exempt from section 7-210. For icy sidewalk injuries in front of those properties, the city may still bear responsibility, and different procedural rules apply. Identifying the correct defendant based on property type and use makes sidewalk liability cases more fact-intensive than a straightforward slip and fall.

Premises Liability Claims Against New York City or Other Government Entities

Claims involving city, state, or other government-owned property follow stricter procedural rules than claims against private defendants. The deadlines are shorter, the notice requirements are specific, and missing them can permanently bar a claim even when liability is clear and the injuries are serious.

Under New York General Municipal Law section 50-e, a Notice of Claim must be served on the government entity within 90 days of the accident. After that filing, a lawsuit must be initiated within 1 year and 90 days of the accident date. Some public authorities, including certain transit agencies and the Port Authority, operate under different notice windows and shorter suit-filing deadlines, making early legal review especially important.

Government entity cases may also require a pre-suit examination called a 50-h hearing, at which the claimant is questioned under oath before any lawsuit is filed. These procedural layers are not optional, and they move quickly. If your accident happened on municipal property or property controlled by a public agency, contact a premises liability attorney in New York as soon as possible.

Compensation Available in a New York Premises Liability Case

A premises liability claim may allow an injured person to pursue compensation for the financial, physical, and personal losses caused by the accident.

A successful claim may allow recovery for:

Medical expenses
Future medical treatment
Lost wages
Reduced earning capacity
Pain and suffering
Rehabilitation costs
Long-term disability or impairment
Emotional distress
Wrongful death damages in fatal accident cases

The value of a claim depends on the seriousness of the injuries, the effect on daily life and work, the available insurance coverage, and the strength of the evidence.

Defenses Property Owners and Insurance Companies Often Raise

Property owners and insurance companies frequently move to reduce or deny liability, and the defenses they raise follow predictable patterns.

Common defenses include claims that:

The hazard was open and obvious
The dangerous condition didn’t exist long enough to be discovered
The injured person wasn’t paying attention
The injuries were unrelated to the accident or were preexisting
The defendant didn’t control the part of the property where the accident happened
The condition was minor and not legally dangerous

Overcoming these defenses requires evidence showing what condition existed, how long it was present, who had responsibility for that area, and how the accident caused the specific injuries. That evidentiary record is built in the early weeks of a case, not at the courthouse steps.

Why Godosky & Gentile for Your New York Premises Liability Claim

Premises liability claims are often more complex than they first appear. Property ownership questions, maintenance records, lease agreements, inspection practices, code violations, surveillance footage, weather conditions, and multiple potentially responsible parties can all affect the outcome. We prepare these cases with close attention to every one of those details because the defense will be doing the same.

Our Trial Record & Credentials

Godosky & Gentile has been representing personal injury clients in New York City since 1995. Our trial record includes a $65 million verdict in a medical malpractice case, a $25 million verdict in a police misconduct case, and a $15 million verdict in an explosion injury case. Those results reflect prior matters and aren’t a guarantee of any particular outcome, but they reflect what we bring to high-stakes litigation.

Former judges are on our legal team. That means we approach premises liability evidence and arguments with direct insight into how New York courts evaluate these cases from the bench. We’ve also earned the trust of legal professionals across the state, with recognition from Super Lawyers, Martindale-Hubbell (AV Preeminent), and Best Lawyers in America.

No Fee Unless We Win

We work on contingency. You pay no attorney fees unless we recover compensation for you.

A serious injury on someone else’s property can leave you with medical bills, lost income, and uncertainty about what comes next. Call (212) 742-9706 today to speak with a New York premises liability lawyer in a free consultation.

Comparative Negligence in New York Premises Liability Cases

One of the most common tactics property owners and their insurers use is arguing that the injured person was partly at fault for the accident. Maybe you were looking at your phone, wearing the wrong shoes, or walking in an area you weren’t supposed to enter. Even when those arguments have some basis, they don’t end the case.

New York follows a pure comparative negligence rule, which means an injured person can recover compensation even if they were partially at fault. The recovery is reduced by their percentage of fault, but it isn’t eliminated. A person found 30% responsible for their own accident can still recover 70% of their proven damages. The rule protects injured people from being shut out of court simply because the defense can point to something they could have done differently.

A strong factual record, including photographs, incident reports, witness statements, and maintenance logs, helps counter efforts to shift blame onto the injured person. Building that record early is one of the most important things a premises liability attorney can do for a client.

Visitor Status & the Duty of Care in New York

The standard of care a property owner owes can depend in part on why the injured person was on the property. While many jurisdictions apply a strict three-tier classification system, New York courts apply a single standard of reasonable care under all the circumstances, with the foreseeability of a visitor’s presence as the primary factor in determining duty.

In practice, the nature of a person’s presence on the property still informs the analysis. Customers, restaurant guests, hotel visitors, and others on the premises for a purpose the owner has invited or permitted are generally owed the highest duty: property owners must actively maintain the premises, address known hazards, and take reasonable steps to prevent injuries. Social guests and others who enter with permission but for their own purposes may be owed a somewhat lower duty, focused on warning about known concealed dangers. Trespassers are generally owed only a duty to avoid intentional harm, though the attractive nuisance doctrine can extend additional protection to child trespassers drawn to dangerous features such as a pool or open construction site.

How a visitor’s presence on the property fits into this framework is an early step in evaluating the strength of any premises liability claim.

Why Choose Godosky & Gentile?

Comprehensive Legal Support
From initial consultation to final resolution, delivering top-tier representation with skill, diligence, and a results-driven approach.
Recognized Expertise
Respected trial attorneys with a reputation for winning complex cases through precision, strategy, and an unwavering pursuit of justice.
Client-Centered Advocacy
Fiercely committed to securing justice and maximum compensation—because every client deserves a powerful voice in the legal system.
Decades of Proven Results
A legacy of success in high-stakes personal injury and catastrophic accident cases, built on relentless advocacy and exceptional legal strategy.

Frequently Asked Questions About New York Premises Liability Claims

What Is Considered a Premises Liability Case in New York?

A premises liability case involves an injury caused by a dangerous condition on someone else’s property. These cases often involve slip and fall accidents, trip and fall accidents, inadequate security, broken stairs, sidewalk defects, falling objects, or unsafe building conditions.

How Do I Know If I Have a Premises Liability Claim?

You may have a claim if you were injured because a property owner or another responsible party failed to fix, remove, or warn about a dangerous condition. A New York premises liability lawyer can review the facts, determine who may be liable, and explain whether the evidence supports a case.

What If I Slipped and Fell in a Store or Apartment Building?

A fall in a store, apartment building, hotel, or other property may support a claim if the owner or manager knew or should have known about the hazard and failed to address it. These cases often depend on proof of the dangerous condition, notice, and causation.

Can I Sue for a Sidewalk Fall in New York City?

In many cases, yes. Under NYC Administrative Code section 7-210, responsibility for most sidewalks rests with the adjacent property owner rather than the city. The correct defendant depends on the type of property and its use. One-, two-, and three-family owner-occupied residences are exempt, which can make the city a potential defendant in those situations. A premises liability attorney can identify who is responsible based on the specific location and facts.

What If the Accident Happened on Government Property?

Claims against government entities require filing a Notice of Claim within 90 days of the accident. After that, the lawsuit must be filed within 1 year and 90 days of the accident date. Missing the 90-day notice deadline can permanently bar your claim, and some public authorities operate under even shorter deadlines. Contact an attorney as soon as possible after an accident on public property.

How Much Is a New York Premises Liability Case Worth?

The value depends on the severity of the injuries, medical costs, lost wages, future treatment needs, pain and suffering, and the strength of the liability evidence. There is no single figure that applies to every case, and anyone who tells you otherwise before reviewing your specific facts isn’t giving you an honest answer.

How Long Do I Have to File a Premises Liability Claim in New York?

For claims against private defendants, the standard statute of limitations is three years from the date of the injury. For claims against government entities, the 90-day Notice of Claim deadline applies before a lawsuit can even be filed. Because deadlines depend on who the defendant is, speaking with an attorney promptly protects your options.

What Should I Do Immediately After a Premises Liability Accident?

Seek medical treatment, report the incident to the property owner or manager, take photographs of the hazard and surrounding area, collect witness contact information, and preserve the clothing and shoes you were wearing. Avoid giving recorded statements to insurance adjusters before speaking with an attorney. Early documentation often becomes critical evidence.

What If I Was Partly at Fault for My Accident?

Partial fault doesn’t bar recovery in New York. The state follows a pure comparative negligence rule: your compensation is reduced by your percentage of fault, but you can still recover. If you were found 25% at fault, you can recover 75% of your proven damages. Property owners and insurers frequently try to shift blame onto injured people, which is why building a strong evidentiary record matters.

Does It Cost Anything to Hire a Premises Liability Attorney?

Godosky & Gentile handles premises liability cases on contingency. You pay no attorney fees unless we recover compensation for you. The initial consultation is free, with no obligation to proceed.

Don’t let a property owner or insurance company minimize what happened to you. Call (212) 742-9706 to speak with Godosky & Gentile in a free consultation about your New York premises liability claim.

No Upfront Cost: How Our Contingency Fee Arrangement Works

Godosky & Gentile handles premises liability cases on a contingency fee basis. You owe no attorney fees unless we recover compensation for you. There’s no retainer, no hourly billing, and no financial risk in getting started.

The free initial consultation is exactly that: a conversation about how the accident happened, what the property conditions were, and what legal options may be available to you. You’ll get a candid assessment with no obligation to move forward.

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