What Evidence Is Needed to File a Premises Liability Claim in NYC?

Posted in Premises Liability on July 14, 2025

Many apartment buildings, office buildings, and other structures in New York City are aging and in a state of disrepair. Other buildings are new, but may have property owners and builders who cut corners or failed to adhere to New York’s strict building codes. In other cases, a property owner’s negligent inattention to maintenance and repairs creates hazardous conditions.

When you’ve suffered a serious injury on someone else’s property, and the injury was preventable if only the property owner and managers had taken reasonable care, then it’s essential to contact a NYC premises liability lawyer to pursue justice. They understand your legal right to compensation and the evidence required for a successful premises liability claim in New York City.

Understanding an NYC Property Owner’s Legal Duty of Care

All property owners must take reasonable steps to ensure their premises are safe for those who enter the property legally. When a property owner invites others onto a commercial property, such as a store or restaurant for business, or a rental property owner invites tenants to become residents of an apartment building, they owe a greater duty of care to their invitees.

This legal duty obligates a property owner to comply with building codes, conduct regular inspections, provide routine maintenance, and take prompt action for necessary repairs. Failure to do so leaves them liable for an injury victim’s damages, like medical expenses, lost earnings, and compensation for pain and suffering.

However, the injury victim has the burden of proof in a New York City premises liability case and must provide evidence demonstrating the following legal elements of liability:

The property owner was aware of the hazard or should reasonably have been aware of it
The property owner owed a duty of care to the injury victim because they were legally on the property and not a trespasser or in the process of committing a crime
They breached their duty of reasonable care by failing to address a safety hazard
Their breach of duty directly caused the injury
The injury victim suffered damages from their injury

A successful claim requires compelling evidence that meets the required burden of proof.

What Evidence Is Required to Prove Liability In NYC Premises Liability Cases?

There is a variety of evidence that can show that a landlord or property owner in NYC violated their duty of care. Examples of evidence used to prove liability include the following:

Photo or video evidence of the hazardous condition or the injury occurring
Accident or incident reports
Eyewitness testimony
Building maintenance records
Copies of previous written or emailed complaints
Expert testimony, such as from construction or maintenance experts

The property owner’s liability insurance company assigns an insurance adjuster to investigate, but the insurance company is not on the injury victim’s side, regardless of their compassionate tones. They are in the business of making profits and often do so at the injury victim’s expense. Many New York City injury victims hire personal injury attorneys with experience in premises liability claims to safeguard their best interests. A slip and fall attorney in NYC for the injury victim does so by independently investigating and documenting compelling evidence of a property owner’s liability.

Evidence of an Injury Victim’s Damages In a NYC Premises Liability Claim

An injury victim also needs to provide evidence that they suffered actual damages from the injury, such as medical expenses, lost wages, and pain and suffering. In the worst cases, they may need evidence of disability or death resulting from the injury. This requires evidence such as medical records, employer records, income statements, and medical expert testimony.

An experienced premises liability lawyer in New York City has access to medical experts to help build a strong case and conduct a careful calculation of damages, maximizing the compensation available to the victim of a premises liability injury in NYC.