When you suffer an injury on someone else’s property due to their negligence, you may be able to pursue compensation for damages. Filing a premises liability claim requires a deep understanding of complex legal procedures and strict deadlines.
As premises liability lawyers in NYC, the legal team at Ross & Hill helps injury victims navigate these challenging cases every day. Below, we will explain how a New York premises liability lawyer can help you file your claim in 2025.
What Is a Premises Liability Claim, and How Long Do You Have To File One?
These claims arise when property owners fail to maintain safe conditions for visitors. You have different deadlines depending on who owns the property where your injury occurred.
For private property claims, New York law gives you three years from your accident date to file. However, for government property incidents, you must file a notice of claim for premises liability within 90 days and complete your lawsuit within one year and 90 days.
What Kind of Accidents Can Qualify for a Premises Liability Claim?
Injuries on someone else’s property can range from minor bruises to more serious problems like concusions, especially for older adults. According to the CDC, one out of every 10 falls in the U.S. leads to injuries that restrict activities for a day or more for an older adult.
Many different hazardous conditions can lead to premises accident claims. Here are some common scenarios that may necessitate hiring an injury lawyer for premises liability suits:
- Slips and falls: Accidents on wet floors or icy surfaces occur when property owners fail to clean up spills or remove snow and ice in a timely manner. Slip-and-fall accidents are among the most common situations for premises liability claims, causing around eight million emergency room visits annually, according to the National Floor Safety Institute.
- Broken stairs or faulty railings: Injuries may happen when property owners neglect routine maintenance and repairs of essential building components.
- Inadequate security: Insufficient security leading to assault may result from property owners failing to provide proper lighting, working locks, security cameras, or trained personnel in high-risk areas.
- Swimming pool accidents: These often stem from a lack of proper fencing, missing safety equipment, or insufficient supervision as required by law.
- Elevator and escalator malfunctions: Malfunctions due to poor maintenance or inspection failures can lead to serious injuries.
- Ceiling collapses: These typically occur from water damage, structural issues, or deferred maintenance that property owners should have addressed.
- Animal attacks: Dog bites or other attacks become the property owner’s responsibility when they fail to control dangerous pets or post adequate warnings.
What Are the Steps To File a Premises Liability Claim in New York?
Taking the right actions alongside an experienced New York premises liability lawyer after your injury can strengthen your legal case. Follow these essential steps to protect your rights and build a solid premises liability claim.
Seek Medical Attention As Soon As Possible
Your health must be your top priority after an accident. Visit an emergency room or your doctor, even if your injuries seem minor at first. Some injuries, like concussions or internal damage, may not show symptoms immediately but can worsen without prompt treatment.
Keep detailed records of your medical care. This includes emergency room visits, ambulance services, and all doctor’s appointments and specialist consultations. You should also maintain records of diagnostic tests, imaging results, prescribed medications, and treatments. Document any physical therapy sessions and mental health counseling related to the accident as well.
Report the Incident to the Proper Authority
File an official report with the property owner, manager, or relevant authority as soon as possible. This creates a formal record of the incident and helps establish when and where your injury occurred.
During the reporting process, obtain the property owner’s contact and insurance information and note the names and positions of any staff members involved. Request a copy of the incident report for your records and follow up with an email or letter documenting your report. Maintain copies of all correspondence about the incident for your records.
Document the Scene and Any Hazardous Conditions
Thorough documentation of the accident scene provides crucial evidence for your claim. Use your smartphone or camera to capture comprehensive visual evidence.
Take photos and videos of the hazardous condition from multiple angles, including the surrounding area that shows any missing warning signs. Document your visible injuries, damaged clothing or personal items, and weather conditions if relevant to your accident.
Gather contact information from any witnesses present. This includes people who saw the accident, noticed the dangerous condition before your accident, know of similar incidents at the same location, or heard any warnings about the hazard.
Consult an Attorney To Help You File a Suit
An experienced premises liability lawyer will guide you through the complex legal process. Your attorney will review your case, explain your legal options, and investigate the property owner’s history of maintenance and repairs. They will gather additional evidence like surveillance footage and maintenance records while calculating the full value of your potential damages.
Your New York premises liability lawyer will also handle all communications with insurance companies, meet critical filing deadlines, and negotiate for maximum compensation. If necessary, they will prepare your case for trial to help you fight for fair compensation for your injuries.
How Long Will the Case Take?
Several key factors can affect your case timeline, including the severity of your injuries and your recovery process. Insurance companies often wait until you reach the point of maximum medical improvement before seriously discussing settlement, as this provides a clearer picture of your long-term medical needs and expenses.
The property owner’s willingness to negotiate in good faith also impacts timing. Some cases resolve quickly through fair settlement offers, while others require extensive negotiation or litigation.
Additionally, the availability of evidence, witness testimony, and expert opinions can either streamline or extend the process depending on how readily this information can be obtained and verified. Your slip-and-fall attorney will give you a better idea of the timeline to expect for your case.
Turn to the Premises Liability Lawyers NYC Trusts
According to the American Bar Association, the state of New York has over 187,656 practicing resident lawyers. When filing a claim, it’s essential to work with an experienced attorney who can provide the care and legal guidance you need.
At Ross & Hill, our team provides legal help for property injuries to victims throughout New York City. Understanding New York premises liability laws helps protect your rights as an accident victim. With extensive experience handling NYC premises liability claims, our legal team works hard to defend your rights and pursue compensation.
Call Ross & Hill today at (646) 351-6222 to speak with a New York premises liability lawyer.
Frequently Asked Questions
Do you have more questions about filing premises liability claims in New York? Here are some answers to the questions our clients frequently ask.
Do I Need a Lawyer To File a Premises Liability Claim?
While not required, having an experienced attorney can help you more easily navigate the claims process and pursue compensation.
What Compensation Can I Pursue for My Injuries?
You may pursue compensation for medical bills, lost wages, pain and suffering, and other damages related to your injury.
How Much Does It Cost To Hire a New York Premises Liability Lawyer?
Most New York premises liability attorneys work on a contingency fee basis, meaning they only get paid if you win. The total cost will depend on the details and outcomes of your case.
