(212) 285-3300
New York City property owners, landlords, and commercial operators control some of the most heavily trafficked real estate in the country. From crowded apartment buildings in the Bronx to retail spaces in Midtown and older walk-ups in Brooklyn, these properties carry a legal obligation to keep walkways, stairs, entrances, and common areas reasonably safe for people who live in, work in, or visit them.
Premises liability cases arise when that obligation is not met, and a preventable hazard leads to injury. At Lipsig, Freund & Wisell, our attorneys thoroughly review each case to understand how the condition developed, how long it existed, and whether it should have been addressed before someone was hurt.
Dangerous Property Conditions in New York City
Premises liability claims arise from a wide range of unsafe conditions throughout NYC residential, commercial, and public properties. Common hazards include:
- Wet or unmarked floors in stores and restaurants
- Broken or poorly maintained stairways
- Inadequate lighting in hallways or parking garages
- Snow and ice accumulation on walkways
- Loose railings or structural defects
- Neglected building maintenance in multi-unit housing
New York law requires property owners to take reasonable steps to inspect and repair hazardous conditions.
Injuries Caused by Unsafe Property Conditions
Common injuries our firm sees in premises liability cases include:
- Fractures to wrists, hips, ankles, and ribs resulting from falls on stairs or uneven flooring
- Concussions and other head trauma from impacts with hard surfaces such as tile, concrete, or metal fixtures
- Shoulder and knee injuries caused by sudden slips or missteps on unstable surfaces
- Back and spinal injuries that may affect mobility and require extended treatment
- Soft tissue damage, including torn ligaments and deep bruising, is often associated with abrupt falls or catches
- Lacerations and contusions from contact with broken glass, exposed hardware, or structural defects
Building a Premises Liability Claim
To establish liability, these elements must be met:
- Existence of a Hazard: A dangerous condition existed on the property.
- Control: The defendant owned, leased, or controlled the property where the accident happened.
- Notice: The property owner had “notice” of the hazard.
- Causation: The unsafe condition was the direct cause of the person’s injuries.
Notice is often the most contested part of premises liability cases. Depending on the facts of the specific case, our attorneys can present notice in a few different ways:
- Actual Notice: The owner created the hazard or was directly told about it.
- Constructive Notice: The hazard existed for a long enough period that a reasonable person should have discovered and fixed it.
- Recurring Condition: The specific hazard happens routinely (e.g., a roof that leaks every time it rains), meaning the owner should anticipate it.
Premises liability cases rely heavily on the evidence. Key evidence often includes maintenance records, surveillance footage, incident reports, and witness statements. Time is critical because property owners and insurers often move quickly to limit exposure and shift responsibility away from themselves.
Insurance Companies and Premises Claims
Insurance companies frequently attempt to resolve premises liability cases for less than their true value. They may argue the hazard was “obvious” or temporary, or that the injured person should have avoided it.
Our attorneys are familiar with these tactics and prepare each case as if it will proceed to trial. This approach often strengthens negotiation leverage and leads to more meaningful settlement outcomes.
Contact Our NYC Premises Liability Attorneys
If you were injured on unsafe property, you should not be left dealing with medical bills and lost income alone. Our attorneys are prepared to evaluate your case and take action.
Contact Lipsig, Freund & Wisell, PLLC at (212) 285-3300.