In New York, property owners have a legal duty to keep their premises reasonably safe for visitors, and when they fail to do so, an injured person may be entitled to compensation for medical bills, lost income, and pain and suffering. Premises liability settlements in New York range from $50,000 for moderate injuries to $2 million or more when the accident causes permanent disability or requires long-term care. Porter Law Group has recovered over $500 million for injured New Yorkers across our offices in Albany, Buffalo, New York City, Rochester, and Syracuse. Call 833-PORTER9 for a free, confidential case review, available 24/7.
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Premises liability cases involve injuries that happen on someone else's property due to unsafe conditions. These cases cover a much wider range of situations than most people realize, including falls, inadequate security incidents, dog bites, elevator and escalator accidents, and injuries caused by structural defects. What they share is a common legal question: did the property owner fail to meet their duty of care to the people on their property?
Property owners and their insurance companies rarely accept responsibility without a fight. They look for reasons to argue the condition was not their fault, that they had no notice of the hazard, or that the injured person was responsible for their own injuries. An attorney can investigate the property, gather maintenance records and inspection logs, consult with safety experts, and build the evidence needed to hold the right parties accountable.
Porter Law Group handles the full range of premises liability cases in New York on a contingency-fee basis. You pay nothing unless we recover compensation for you.
Premises liability is a broad area of law. It applies whenever a property owner's failure to maintain safe conditions leads to an injury. The most common types of cases handled by a New York premises liability lawyer include:
Falls caused by wet floors, broken stairs, icy walkways, uneven pavement, and poor lighting are among the most frequent premises liability claims in New York. The key issue is whether the property owner knew or should have known about the hazard and failed to address it. Our attorneys regularly handle slip and fall accident cases throughout New York State.
When a property owner fails to provide adequate security and someone is assaulted, robbed, or otherwise harmed as a result, the owner may be held liable. This type of claim often arises in apartment buildings, parking garages, hotels, and shopping centers where inadequate lighting, broken locks, or the absence of security personnel created foreseeable conditions for harm.
Property owners and landlords can face liability when a dog or other animal on their premises injures a visitor. Under New York law, an owner may be strictly liable for medical costs when a dog has been declared dangerous, and following the 2025 Flanders v. Goodfella decision, victims can also bring negligence claims even when a dog has no prior history of aggression. Our team handles dog bite cases across New York State.
Building owners and property managers in New York are required to keep elevators and escalators properly maintained and inspected. Mechanical failures, defective components, and missed inspections that lead to injuries can all support premises liability claims.
Collapsing ceilings, broken railings, unstable stairs, and crumbling facades are examples of structural conditions that property owners are responsible for correcting. When a building code violation or failure to make repairs leads to an injury, the owner may be liable for the resulting harm.
Drownings, slip-and-fall injuries around pool decks, and injuries from defective recreational equipment can all give rise to premises liability claims when the property owner failed to meet their safety obligations.
Under New York law, the duty a property owner owes to a visitor depends partly on why that person is on the property, though courts focus primarily on whether the owner acted reasonably under the circumstances.
People who are on a property at the owner's invitation, such as customers at a store, guests at a hotel, or visitors at a commercial building, are owed the highest duty of care. The owner must take reasonable steps to inspect the property, identify hazards, fix them promptly, and warn visitors about dangers that cannot be immediately corrected.
Tenants and social guests are owed a similar level of care. A landlord is responsible for maintaining common areas of a residential building in a reasonably safe condition, including hallways, stairwells, entryways, and parking areas.
Even people who enter property without permission may have some legal recourse in certain circumstances, particularly when the property owner was aware of frequent trespassers in a dangerous area or where an attractive nuisance, such as an unfenced swimming pool, posed a foreseeable risk to children.
The key question in any premises liability case is whether the property owner acted as a reasonable owner would under similar circumstances. That standard is applied to the specific facts of each case, and the answer often depends on what the owner's own records show about inspections, repairs, and prior complaints.
Negligent security is one of the most serious categories of premises liability. It applies when a property owner knew or should have known that criminal activity was a foreseeable risk on their property and failed to take reasonable measures to protect visitors.
A successful negligent security claim in New York generally requires showing that prior criminal incidents had occurred on or near the property, that the owner failed to take reasonable precautions such as adequate lighting, functional locks, security cameras, or on-site security, and that this failure directly contributed to the harm suffered.
Property types where these claims are most common in New York include apartment complexes, parking lots and garages, bars and nightclubs, hotels, shopping malls, and transit facilities. Cases often involve reviewing crime data for the surrounding area, the property's own incident reports, security contracts, and the owner's written policies around visitor safety.
According to the Bureau of Justice Statistics, violent crime incidents on private property remain a significant share of all reported crimes nationally, underscoring why property owners are held to a standard of foreseeable risk prevention.
The physical harm from premises liability accidents varies significantly depending on the type of incident. Falls, assaults, animal attacks, and structural failures each produce distinct injury patterns.
Bone fractures are among the most common results of fall-related premises claims. Hip, wrist, and ankle fractures frequently require surgery and extended rehabilitation, and hip fractures in older adults carry significant health risks that extend well beyond the fracture itself.
Traumatic brain injuries result from falls or direct blows to the head. These injuries affect memory, concentration, emotional regulation, and the ability to maintain employment, sometimes permanently.
Spinal and back injuries, including herniated discs and nerve damage, can result from hard falls or structural failures. Some require surgery and produce chronic pain that limits daily function for years.
Lacerations, puncture wounds, and scarring are common in dog bite cases and assault-related negligent security claims. Severe wounds may require multiple surgeries and leave permanent scarring that affects both physical appearance and emotional wellbeing.
Psychological harm is often overlooked but is a recognized category of damages in premises liability cases. Victims of negligent security incidents in particular frequently experience post-traumatic stress, anxiety, and lasting changes to how they feel safe in public spaces.
When a New York premises liability claim succeeds, compensation falls into two main categories, with a third available in limited circumstances.
Economic damages cover the direct financial losses from the injury. These include medical bills for treatment already received and treatment expected in the future, lost wages from time missed at work, and loss of future earning capacity when the injury has affected a person's ability to do the same work they did before.
Non-economic damages cover the broader impact the injury has had on the person's life. Pain and suffering, emotional distress, inability to participate in activities previously enjoyed, and the effect on family relationships are all recognized categories of harm in New York personal injury cases. There is no statutory cap on non-economic damages in New York.
Punitive damages are rare but may be available when a property owner's conduct showed a deliberate or reckless disregard for visitor safety, such as knowingly ignoring repeated complaints about a structural hazard or failing to address known criminal activity on the premises.
Settlement values depend on the type of accident, injury severity, the clarity of the owner's negligence, and the type of property involved. Commercial properties typically carry higher insurance limits than residential properties, which affects available recovery. The table below reflects typical ranges in New York premises liability cases.
| Case Profile | Typical Settlement Range |
| Minor injuries, soft tissue, full recovery | $15,000 to $75,000 |
| Moderate injuries, fractures or surgery, extended recovery | $75,000 to $300,000 |
| Serious injuries, spinal damage or TBI | $300,000 to $750,000 |
| Permanent disability or long-term impairment | $750,000 to $2,000,000 or more |
| Wrongful death from a premises liability accident | $500,000 to $5,000,000 or more |
Negligent security cases resulting in assault, and structural failure cases causing catastrophic injury, can produce results at or beyond the higher end of these ranges. You can review examples of outcomes from Porter Law Group cases on our Results page. For a deeper look at how settlements are calculated in New York, see our guide on average premises liability settlements in New York.
Understanding the defenses a property owner may raise helps you see why building a strong evidentiary record early matters. Insurance companies and defense attorneys rely on a predictable set of arguments to reduce or eliminate liability.
The open and obvious defense. A property owner may argue the hazard was clearly visible and a reasonable person would have avoided it. New York courts have significantly narrowed this defense. A condition can be visible and still pose an unreasonable risk, particularly in high-traffic areas or locations where the nature of the business directed people toward the hazard. Whether a condition was genuinely obvious or simply labeled that way after the fact is often a central dispute.
The trivial defect defense. Property owners frequently argue that the crack, raised edge, or surface irregularity that caused a fall was too minor to create legal liability. New York courts do not apply a fixed size threshold. Instead, they consider the location, lighting, surrounding conditions, and foot traffic volume. A small defect in a dimly lit stairwell at a busy building entrance carries different weight than the same defect in a rarely used area.
The storm in progress doctrine. In winter premises liability claims, property owners often argue they had no obligation to clear snow or ice while a storm was active or for a reasonable period afterward. This defense carries real weight during active snowfall, but it does not protect an owner who left ice untreated for days after the weather cleared.
For a full breakdown of how these defenses work and how they are challenged, see our article on common defenses property owners use in New York premises liability cases.
The steps you take after being injured on someone else's property matter for both your health and your legal claim.
Contact a New York premises liability attorney as early as possible. Surveillance footage is regularly overwritten within days, and inspection and maintenance records become harder to obtain as time passes.
Get medical attention the same day. Some injuries do not produce obvious symptoms right away. A medical record created close to the time of the accident connects your injuries to the incident in a way that is difficult to challenge later.
Report the accident to the property owner, manager, or security personnel on site. Ask them to create a written incident report and get a copy before you leave.
Photograph the conditions that caused your injury. Document the hazard itself, the surrounding area, any missing warning signs, broken equipment, or poor lighting, before anything is changed or repaired.
Get the names and contact information of any witnesses. People who saw the accident or were aware of the hazard beforehand can provide useful testimony later.
Do not give a recorded statement to the property owner's insurance company without first speaking to a lawyer. Their adjuster may contact you quickly. What you say can be used to reduce or deny your claim.
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Most New York premises liability personal injury claims must be filed within three years of the date of the accident. Wrongful death claims must be filed within two years of the date of death.
If the accident occurred on government-owned or government-maintained property, including city parks, public housing buildings, public schools, or government offices, a Notice of Claim must be filed within 90 days of the accident. Missing this deadline typically ends the case against that entity permanently, no matter how serious the injury.
The statute of limitations begins on the date of the accident, not the date your injuries are fully understood or diagnosed. Speaking with an attorney early protects you from missing deadlines that cannot be extended.
Porter Law Group represents premises liability victims across all of New York State from offices in Albany, Buffalo, New York City, Rochester, and Syracuse. Our attorneys have secured recoveries for clients injured in falls, assaults, dog attacks, and structural failures, contributing to a total of over $500 million recovered for injured New Yorkers.
No fee unless we win. All premises liability cases are handled on a contingency basis, with no upfront costs to you.
Free consultations, available 24/7. We come to you when you cannot travel, with hospital and home visits available statewide.
Direct attorney access. You will speak with the attorney handling your case throughout the process. Meet our team on the Attorneys and Staff page, read client experiences on the Testimonials page, and review outcomes on our Results page.
A slip and fall is one specific type of premises liability claim. Premises liability is the broader legal category that covers any injury caused by an unsafe or poorly maintained condition on someone else's property. Falls, dog bites, assaults from inadequate security, elevator accidents, and structural failures all fall under this umbrella. If you were hurt on someone else's property for any reason, the legal framework that governs your claim is premises liability.
Yes. New York follows a pure comparative fault rule, which reduces your compensation by your share of fault but does not eliminate your claim. If a court finds you 25 percent responsible in a case valued at $200,000, you would still recover $150,000. Property owners frequently argue the hazard was obvious or that the visitor assumed the risk. An attorney can challenge those arguments using the property's own records, the history of the condition, and expert analysis of whether the hazard was reasonably preventable.
Landlords and building owners in New York are responsible for maintaining common areas, including lobbies, hallways, stairwells, and building entrances, in a reasonably safe condition. If a defective condition in a shared space caused your injury and the landlord knew or should have known about it, a premises liability claim may be available. These cases often require review of maintenance logs, tenant complaint records, and prior inspection reports to establish what the landlord knew and when.
If your accident happened on government-owned property, a Notice of Claim must be filed within 90 days of the accident as a prerequisite to bringing a lawsuit. This applies to injuries at city parks, public schools, government buildings, and public housing. Missing this window typically bars the claim permanently. An attorney can confirm whether a government entity is involved and handle the filing on your behalf.
Porter Law Group handles premises liability cases on a contingency-fee basis. You pay nothing upfront and nothing during the case. Our fee is a percentage of the recovery, collected only if we win. If we do not recover compensation for you, you owe nothing.
Founder and managing partner of Porter Law Group. Harvard University (B.A., 1994), Syracuse University College of Law (J.D., 1997). Former U.S. Army JAG Corps Captain, Airborne Training School graduate. Super Lawyers 14 consecutive years, 10.0 Superb on Avvo, Distinguished rating from Martindale-Hubbell. Over 20 years of trial experience and $500 million in recoveries.
Reviewed by Michael S. Porter, J.D. | Last updated: [April, 2026]
Porter Law Group represents premises liability victims throughout New York State from five offices.
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If you or a loved one was injured on someone else's property anywhere in New York, Porter Law Group is ready to help. We will review what happened, explain who may be responsible, and outline your legal options. There is no cost and no obligation to retain our firm. obligation to retain our firm.
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