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Posted in Premises Liability on August 19, 2025
New York residents lead busy, productive lives, taking them out of their homes to workplaces, markets, restaurants, parks, and public transportation stations and platforms. All property owners have a legal obligation in New York to ensure that their property is reasonably safe for those who are on the property legally and not trespassing or committing a crime.
This duty of care requires a property owner to make regular inspections of their property and take prompt action to address any safety hazards by placing warning signs and/or making repairs. When a property owner neglects their duty of care, and it results in an injury, the injury victim has the right to seek compensation for their losses with the help of a New York premises liability attorney.
Public entities in New York, such as public parks and city transit authorities, also have a duty of care to maintain safe premises for those lawfully using public property and facilities.
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A New York premises liability claim occurs when an injury victim who suffered physical and financial harm on private, public, or commercial property files a claim for compensation against a negligent property owner or city entity. In 2023, the most recent year with fully analyzed data, the New York Comptroller’s Office reports that there were 533 personal injury claims filed in the Bronx, 205 in Brooklyn, 276 in Manhattan,167 in Queens, and 168 in Staten Island. Although personal injury law is a broad umbrella term, premises liability claims make up a substantial portion of personal injury claims.
The following premises liability statistics give an overview of New York premises liability claims:
Premises liability claims are the second-most common category of personal injury claims in New York, second only to car accident claims.
Fall-related emergency room visits are highest among the elderly in New York. According to data from New York’s Environment & Health Data Portal:
The elderly face the greatest risk of hip fractures and traumatic brain injuries from slip-and-fall accidents in New York and elsewhere. Contact a slip and fall lawyer in NYC today if you or a loved one has suffered an injury to to negligent up-keeping of private property.
Although slip-and-fall accidents are the most common type of premises liability claims in New York, there are many ways that negligence-related injuries occur on private, public, and commercial properties, including the following:
Nearly 95% of premises liability claims are resolved with settlements from the property owner’s liability insurance company. However, when premises liability cases go to court, the judge instructs the jury to ask themselves the following question during deliberations: “Did the property owner act the way another, reasonable property owner would have under the same circumstances?” If the answer is no, then the property owner can be held liable for the injury victim’s damages.
Although the elderly face the greatest risk of serious injuries in slip-and-fall accidents, premises liability accidents cause injuries to New York residents of all ages. Common injuries named in New York premises liability claims include the following:
These injuries cited in New York premises liability claims can cause significant disruption to the injury victim’s life, with temporary or permanent economic and non-economic damages. A successful claim cannot erase the injury, but it is the civil court’s only means of redress for injury victims and ensures financial accountability for negligence.
When a property owner’s negligence results in an injury, the injury victim has the right to demand compensation for their losses through a premises liability claim against the property owner’s property insurance. Common damages recovered include the following:
Catastrophic injury damages may be available for injuries with permanent adverse consequences to the victim. For example, severe injuries such as loss of limb, loss of one of the senses, disfigurement, scarring, or organ loss may allow an injury victim to make an additional compensation claim.
In most cases, the insurance company resolves a premises liability claim through negotiations for a settlement with the injury victim and their attorney. Only about five percent of claims go on to lawsuit litigation in court. Court cases take longer than settlements, but juries are often sympathetic to injury victims, awarding large compensation amounts. If a case requires court, a premises liability lawsuit petition must be filed with the civil court within three years of the injury date under the state’s statute of limitations for personal injury claims.
Contact our NYC premises liability lawyers online today.
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