New York Premises Liability Lawyers

Who Is at Fault in a Premises Liability Case?

When a serious injury occurs due to unsafe property, the consequences can be life-changing. Whether the hazard was a wet floor, a broken stairway, or inadequate security, property owners in New York have a legal duty to maintain safe conditions for visitors. When they fail to meet that duty, the law allows injured individuals to seek compensation for their losses.

At Rheingold Giuffra Ruffo Plotkin & Hellman LLP, our attorneys represent people injured because of property owner negligence throughout New York City and the surrounding area, including Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. We have decades of experience handling complex premises liability cases involving residential buildings, retail spaces, and public properties.

Our approach is both meticulous and compassionate. We analyze every detail of how the incident occurred, determine who is responsible, and pursue compensation for the full extent of your injuries under New York law.

Meet Attorney Thomas P. Giuffra

Attorney Thomas P. Giuffra, NYC Cancer Misdiagnosis, Birth Injury and Sexual Abuse Lawyer
Thomas Giuffra, Esq.

Thomas P. Giuffra, a partner at Rheingold, Giuffra, Ruffo, Plotkin & Hellman LLP, is recognized as one of New York City’s leading trial lawyers. Over the course of his distinguished 24-year career, he has earned a reputation for his innovative litigation strategies, meticulous case preparation, and powerful courtroom advocacy.

Tom has achieved 20 verdicts and numerous settlements exceeding one million dollars, including a landmark $58 million verdict—the largest lead paint poisoning verdict in New York State history. His record of success reflects both his legal skill and his commitment to securing justice for victims of negligence, unsafe premises, and catastrophic injury.

In recognition of his excellence, Tom was elected as a Fellow of the International Society of Barristers, an honor reserved for fewer than 700 attorneys worldwide who have been selected by judges and peers as exceptional advocates dedicated to preserving the jury trial system and judicial independence.

Significant Results Include:

  • $58,000,000 – Lead Paint Ingested: Largest verdict in New York State history for lead paint poisoning; NYCHA was found negligent for failing to inspect for hazards.
  • $21,000,000 – Lead Paint Ingested: Verdict for three young siblings who ingested lead-based paint, leading to cognitive impairment.
  • $20,000,000 – Dangerous Fall: Verdict for a 10-year-old girl dropped down a staircase by a building security guard; Partner Thomas Giuffra served as trial counsel.
  • $11,000,000 – Lead Poisoning: Verdict for a 19-year-old man injured by lead poisoning as an infant.
  • $1,100,000 – Slip and Fall: Settlement for a 46-year-old man who fractured his ankle in a trip and fall accident.

Call (212) 684-1880 or contact us online for a free and confidential consultation with our New York premises liability lawyers.

Manhattan Upper West Side, Amsterdam Avenue, old apartment buildings - Cropped

Understanding Premises Liability in New York

Premises liability law holds property owners, landlords, and managers accountable when unsafe conditions cause preventable harm. Under New York negligence law, owners must take reasonable steps to correct or warn about hazards they know—or should know—exist on their property.

Common examples include:

  • Failing to repair broken stair rails or uneven walkways
  • Ignoring water leaks or spills that cause slips and falls
  • Inadequate lighting or security in parking garages or residences
  • Failing to properly maintain elevators
  • Exposure to toxic materials such as lead paint

New York Premises Liability Statute of Limitations

New York’s Civil Practice Law and Rules (CPLR) § 214 generally gives injured individuals three years from the date of the accident to file a premises liability lawsuit. If a government agency is responsible for the property, the claimant must also file a Notice of Claim within 90 days of the incident.

These timelines emphasize the importance of early legal action. Attorneys help negligence victims preserve evidence, gather documentation, and file claims within the critical statutory deadlines.

What Is the Legal Standard of Care?

Premises liability begins with an examination of the legal standard of care property owners owe to their visitors. New York case law established this standard based on what “a reasonably prudent property owner” would do under similar circumstances. Examples of this include maintaining safe floors and stairways, performing routine inspections, repairing known hazards, and posting warnings when immediate repairs are not possible.

If property owners fail to meet the standard of the “reasonably prudent person”, they may be held liable for injuries to lawful visitors such as tenants, customers, contractors, or delivery workers.

Common Types of Premises Liability Accidents

Premises liability covers a wide range of unsafe property conditions that can cause serious injury. These cases often arise when a property owner, landlord, or manager fails to maintain a building or land in a reasonably safe condition. The following are some of the most frequent types of premises liability claims handled by our attorneys.

Dark blue infographic titled "Premises Liability" with gold text and icons. It lists five risks: failing to repair broken stair rails or uneven walkways, ignoring water leaks or spills that cause slips and falls, inadequate lighting or security in parking garages or residences, failing to properly maintain elevators, and exposure to toxic materials such as lead paint. Each item is paired with a red circular icon symbolizing the hazard.

Slip and Fall Accidents

Slip and fall incidents are among the most common causes of preventable injuries in New York. They can occur on wet floors, broken sidewalks, loose carpets, or poorly lit stairways. According to the National Library of Medicine, falls send over 800,000 people to the hospital each year in the United States. When property owners fail to clean spills, repair uneven surfaces, or post warning signs, they may be held liable for resulting injuries.

Negligent Security and Poor Maintenance

Property owners are responsible for ensuring that their buildings and premises are reasonably secure and properly maintained. Negligent security cases can involve inadequate lighting in parking areas, broken locks, or the absence of security personnel in locations with a history of criminal activity. Maintenance-related claims may include defective elevators, loose handrails, or falling debris from poorly maintained structures.

Under the New York State Building Code and the New York City Department of Buildings regulations, property owners are required to regularly inspect and repair these hazards to protect visitors from foreseeable harm.

Dog Bite and Animal Attack Cases

New York law requires dog owners to control their pets and prevent foreseeable harm to others. Owners can be held liable when a dog bites or attacks a person if the owner knew, or should have known, that the animal posed a danger. Even without prior incidents, liability may exist if the owner failed to use reasonable care, such as keeping the animal leashed or warning visitors. Dog bites can cause severe physical injuries, permanent scarring, and emotional trauma, particularly in children.

Toxic Exposure and Environmental Hazards

Exposure to toxic substances is another common form of property-related negligence. Landlords, employers, and property managers have a legal duty to protect occupants and workers from hazardous materials such as asbestos, lead paint, and carbon monoxide.

Under New York Public Health Law § 1373, property owners must address known lead hazards promptly and safely. Failure to do so can lead to respiratory illness, neurological damage, and other serious health complications.

Our attorneys often work with industrial hygienists, environmental experts, and medical professionals to trace toxic exposure to specific building violations or neglect.

Proving a Premises Liability Claim in New York

To succeed in a premises liability case, the injured person must prove that the property owner or manager was negligent. In other words, the owner failed to use reasonable care in keeping the premises safe. Most claims require proof of four key elements:

  1. Duty of Care: The property owner owed a duty to keep the premises reasonably safe for lawful visitors.
  2. Notice of the Hazard: The owner knew or should have known about the dangerous condition.
  3. Failure to Act: The owner failed to repair the hazard, warn visitors, or take other reasonable steps to prevent injury.
  4. Causation and Damages: The unsafe condition directly caused the injury and resulting losses.

Because these cases depend on detailed factual evidence, early investigation is essential. Property owners and insurers may move quickly to correct hazardous conditions, making it harder to document proof later.

Evidence Needed

Strong evidence can determine whether a case succeeds or fails. Our attorneys gather and preserve all relevant materials to establish liability and damages. Important types of evidence include:

  • Photographs and videos showing the unsafe condition
  • Witness statements confirming how long the hazard existed or who was responsible for maintenance
  • Incident and maintenance reports documenting previous complaints or accidents
  • Building code or safety inspection records
  • Expert opinions linking your injuries to the condition of the property
  • Medical records, treatment notes, and diagnostic images

We also work with forensic engineers, construction experts, and safety professionals to confirm how the accident occurred and whether any building code or regulatory violations contributed to it.

Who Can Be Held Liable for Visitor Injuries?

Liability often extends beyond the individual or company that owns the property. Depending on the facts, several parties may share legal responsibility, including:

  • Landlords or property management companies responsible for inspections and repairs
  • Business tenants who control and maintain leased spaces
  • Maintenance contractors or janitorial companies hired to address hazards
  • Security firms responsible for lighting, surveillance, or access control
  • Government agencies responsible for public buildings, parks, or sidewalks

For accidents on public property, New York General Municipal Law § 50-e requires injured parties to file a formal Notice of Claim within 90 days of the incident before filing a lawsuit.

Compensation Available in Premises Liability Cases

The purpose of a premises liability claim is to help victims recover both economic and non-economic damages resulting from their injuries. These may include:

Economic Damages

  • Medical bills and rehabilitation costs
  • Future medical treatment and therapy expenses
  • Lost wages and loss of earning capacity
  • Out-of-pocket costs related to the injury

Non-Economic Damages

  • Physical pain and emotional distress
  • Loss of enjoyment of life
  • Disfigurement or permanent disability
  • Loss of companionship or support in severe injury cases

The value of a claim depends on the severity of the injury, the impact on the victim’s daily life, and the strength of the supporting evidence. Our attorneys calculate damages using medical assessments, vocational reports, and expert testimony to ensure that all losses are accurately represented.

Statute of Limitations in New York

Under New York Civil Practice Law and Rules (CPLR) § 214, most premises liability lawsuits must be filed within three years of the date of the accident. This period may be shorter for claims involving municipal or state property, where the 90-day notice rule applies.

If the injured person is a minor or mentally incapacitated, the statute of limitations may be paused (or “tolled”) until certain conditions are met. Because missing these deadlines can bar recovery, it is critical to contact an attorney as soon as possible after an injury.

How Rheingold Giuffra Ruffo Plotkin & Hellman LLP Can Help

At Rheingold Law, our attorneys have extensive experience handling complex premises liability cases throughout New York City and the surrounding metropolitan area. We approach each case with the professionalism and thorough preparation that have defined our firm for more than four decades.

Our legal team will:

  • Conduct a comprehensive investigation of the property and hazards involved
  • Obtain inspection reports, surveillance footage, and maintenance records
  • Work with engineers and safety experts to identify regulatory violations
  • Negotiate assertively with insurers for fair and full compensation
  • Prepare every case for trial to maximize leverage in settlement discussions

Beyond our legal skill, we are committed to treating every client with compassion and respect. We understand that these injuries often disrupt every aspect of a person’s life. Our attorneys and staff guide each client through the process with care, transparency, and consistent communication.

Start Your Confidential Consultation

If you have been injured because of unsafe property conditions, our attorneys are ready to help. Rheingold Giuffra Ruffo Plotkin & Hellman LLP has a long record of achieving meaningful results for clients across New York. We combine technical legal knowledge with compassion and a deep understanding of how serious injuries affect our clients’ lives.

Contact us today to schedule a free and confidential consultation with an experienced New York premises liability lawyer. We will review your case, explain your rights, and help you take the next step toward recovery.

Frequently Asked Questions About Premises Liability in New York

What types of accidents qualify as premises liability cases?

Accidents that result from unsafe property conditions, such as slips and falls, falling objects, inadequate security, or exposure to hazardous materials, may qualify as premises liability claims.

How long do I have to file a claim?

In most cases, you have three years from the date of injury to file a lawsuit. If the property is owned by a city or state agency, you must file a Notice of Claim within 90 days.

Can I recover damages if I was partly at fault?

Yes. New York follows a pure comparative negligence rule. Even if you were partially responsible for the accident, you can still recover compensation reduced by your percentage of fault.

What should I do after being injured on someone else’s property?

Seek medical attention immediately, report the incident to the property owner or manager, take photos of the hazard if possible, and contact a New York premises liability lawyer as soon as possible.

Do I need a lawyer for a premises liability case?

While it is possible to file a claim on your own, property owners and insurance companies often deny responsibility or minimize payouts. An experienced attorney can gather evidence, establish liability, and pursue full compensation on your behalf.

Start Your Confidential Consultation

If you have been injured because of unsafe property conditions, our attorneys are ready to help. Rheingold Giuffra Ruffo Plotkin & Hellman LLP has a long record of achieving meaningful results for clients across New York. We combine technical legal knowledge with compassion and a deep understanding of how serious injuries affect our clients’ lives.

Contact us today to schedule a free and confidential consultation with an experienced New York premises liability lawyer. We will review your case, explain your rights, and help you take the next step toward recovery.