Being injured on someone else's property can be a traumatic and overwhelming experience. Whether you've slipped on a wet floor at a grocery store, tripped on a broken sidewalk, or been hurt in an apartment building, knowing what steps to take immediately after your accident can make the difference between a successful compensation claim and losing your rights entirely.
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With over $739.6 million paid in municipal tort claims in 2023 and more than 30,000 fall-related emergency visits annually in New York, property-related accidents are unfortunately common—but understanding your rights and taking proper action can protect your ability to recover compensation.
At the Porter Law Group, we've helped numerous injured New Yorkers navigate the complex world of premises liability law and secure the compensation they deserve for their injuries. We understand that the immediate aftermath of an accident is confusing and stressful, which is why we've created this comprehensive guide to help you protect your rights from the moment your injury occurs. If you've been injured on someone else's property, contact us immediately at 833-PORTER9 or email info@porterlawteam.com for a free, no-obligation consultation.
Understanding Your Legal Rights in New York
The Foundation of Premises Liability Law
New York premises liability law is governed by the landmark 1976 case Basso v. Miller, which requires property owners to maintain their premises in a "reasonably safe condition" for all visitors. This unified standard replaced the old rigid classification system and mandates that property owners take reasonable steps to prevent foreseeable injuries on their property.
To successfully pursue a premises liability claim in New York, you must prove four essential elements:
- Duty of Care: The property owner or occupier controlled the property and owed you a duty to maintain it safely.
- Breach of Duty: The owner knew or should have known about a hazardous condition and failed to fix it or warn about it within a reasonable timeframe.
- Causation: The dangerous condition directly caused your injuries, which must be supported by medical documentation.
- Damages: You suffered quantifiable losses such as medical bills, lost wages, and pain and suffering.
Special Rules for Government Property
If your injury occurred on government property (city sidewalks, public buildings, parks, etc.), additional requirements apply that make immediate action even more critical:
90-Day Notice of Claim: You must file a Notice of Claim within 90 days of your injury through the NYC Comptroller's eClaim portal or via certified mail.
Compressed Statute of Limitations: You only have 1 year and 90 days to file a lawsuit against government entities, compared to 3 years for private property owners.
These shortened deadlines make it absolutely crucial to seek legal help immediately if you're injured on government property.
Immediate Steps to Take After Your Injury
Step 1: Prioritize Your Medical Care
Your health and safety must be your first priority after any property-related injury. However, how you handle your medical care can significantly impact your legal case:
Seek Emergency Care When Necessary: Don't hesitate to call 911 or go to the emergency room for serious injuries. Your immediate well-being is more important than any other consideration.
Get Medical Attention Within 24-48 Hours: Even if your injuries seem minor initially, see a doctor within 24-48 hours of your accident. This establishes a clear medical link between the accident and your injuries. Delayed treatment can give insurance companies ammunition to argue that your injuries weren't caused by the accident or that you failed to mitigate your damages, potentially reducing your settlement by 20 to 50%.
Follow All Medical Advice: Attend all appointments, follow through with prescribed treatments, and complete any recommended therapy. Insurance companies scrutinize medical records for gaps in treatment that they can use to minimize your claim.
Document Everything: Keep detailed records of all medical treatment, including:
- Emergency room visits and hospital stays
- Doctor appointments and specialist consultations
- Diagnostic tests (X-rays, MRIs, CT scans)
- Prescription medications
- Physical therapy and rehabilitation
- Medical equipment (crutches, braces, wheelchairs)
Step 2: Report the Incident Properly
For Private Property:
- Notify the property owner, manager, or business operator immediately
- Ask to file an incident report and request a copy
- Get the names and contact information of any employees who responded to your accident
- Ask about security cameras and request that footage be preserved
- Get business cards or contact information from managers and supervisors
For Government Property:
- File a 311 complaint immediately to create an official record
- Take photos of the hazard and record the exact address and GPS coordinates if possible
- Note the responsible government agency (Department of Transportation for streets, Parks Department for parks, etc.)
- Report to any on-site security or maintenance personnel
Step 3: Preserve Critical Evidence
Evidence can disappear quickly after an accident, so immediate documentation is crucial:
Photograph Everything:
- The exact location where you fell or were injured
- The hazardous condition that caused your accident from multiple angles
- Your injuries (though seek medical care first if serious)
- The surrounding area, including lighting conditions
- Any warning signs (or lack thereof)
- Your damaged clothing, shoes, or personal property
Document Environmental Conditions:
- Weather conditions at the time of the accident
- Lighting levels (especially important for evening accidents)
- Foot traffic patterns and crowd conditions
- Any construction or maintenance work in the area
- Time of day and day of the week
Preserve Physical Evidence:
- Keep the shoes and clothing you were wearing
- Save any damaged personal property
- Collect samples of substances that caused your fall (if safe to do so)
Step 4: Gather Witness Information
Witnesses can provide crucial independent verification of how your accident occurred:
Identify All Witnesses:
- Other customers, visitors, or passersby who saw your accident
- Employees who witnessed the incident or arrived immediately after
- Security guards or maintenance staff
- Anyone who helped you after your fall
Collect Complete Contact Information:
- Full names and phone numbers
- Email addresses if available
- Home or work addresses
- Relationship to the property (customer, employee, etc.)
Request Written Statements:
- Ask witnesses to write brief descriptions of what they saw
- Have them sign and date their statements
- Get statements immediately while memories are fresh
- Ask about the hazardous condition and whether it was obvious or hidden
Step 5: Document the Scene Thoroughly
Measure and Describe the Hazard:
- Use a ruler or tape measure to document the size of cracks, holes, or elevation changes
- Note the exact dimensions of wet areas or spills
- Describe the texture, color, and visibility of dangerous conditions
- Document any building code violations (such as handrail heights or stair dimensions)
Check for Surveillance Cameras:
- Look for security cameras that may have recorded your accident
- Ask the property owner to preserve the footage immediately
- Get contact information for security companies or IT departments
- Note the locations and directions of all cameras in the area
Building a Strong Legal Case
Establishing Property Owner Knowledge
One of the most critical aspects of your case is proving that the property owner knew or should have known about the dangerous condition. This comes in two forms:
Actual Notice:
- Written complaints about the hazard
- Work orders for repairs that weren't completed
- Employee reports or incident logs
- 311 complaints for government property
- Previous accidents at the same location
Constructive Notice:
- Proof that the condition existed long enough that reasonable inspections should have discovered it
- Evidence of recurring problems in the same area
- Patterns of complaints about similar hazards
- Industry standards for inspection frequency
Proving the Hazard Duration
For Liquid Spills: Look for evidence of how long the spill existed:
- Footprints or cart tracks through the liquid
- Dried edges around wet areas
- Multiple items scattered in the spill
- Witness testimony about the spill's presence
For Structural Defects: Document the age and development of the problem:
- Weather records showing freeze-thaw cycles that created cracks
- Growth patterns of tree roots that damaged sidewalks
- Maintenance records showing delayed repairs
- Photos from other sources showing the hazard's progression
Types of Damages Available in Premises Liability Cases
Economic Damages:
- Medical expenses (past and future)
- Lost wages and reduced earning capacity
- Out-of-pocket costs related to your injury
- Property damage (clothing, personal items)
Non-Economic Damages:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement or scarring
Future Damages:
- Ongoing medical care and rehabilitation
- Permanent disability accommodations
- Reduced earning capacity over your lifetime
- Long-term pain management
Common Mistakes That Hurt Your Case
The following are things you want to avoid if you want to secure the best compensation possible for a premises liability case:
Procedural Errors
- Missing the 90-day Notice of Claim deadline for government property
- Failing to preserve evidence before it's destroyed or repaired
- Not seeking immediate medical attention
- Giving recorded statements to insurance companies without legal counsel
Documentation Failures
- Inadequate photographs of the accident scene
- Failure to get witness contact information
- Not reporting the incident to property management
- Losing or discarding damaged clothing and personal items
Medical Treatment Issues
- Delaying medical care or missing appointments
- Not following through with recommended treatment
- Failing to inform doctors about all symptoms
- Not keeping detailed records of medical expenses
Premises liability cases are complex, and have demanding evidence requirements. Don’t saddle yourself with technical burdens. Your priority should be recovering from your injuries. Contact the Porter Law Group as soon as possible. We handle all details of your case, and ensure that you get the best compensation possible, whether through a negotiated settlement, or a favorable court decision.
Our procedural expertise involves decades of service for injured New Yorkers throughout the State, and we have a robust network of experts in fields like accident reconstruction, meteorology, and medicine, which helps us accurately craft a strong case for you. We offer free, no-obligation consultations, and work on a contingency fee basis, so there are no fees unless we win your case. View the results we’ve achieved for previous clients, and learn more about how we can help with your premises liability case.
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Why Choose the Porter Law Group
The lawyers at the Porter Law Group have decades of experience representing individuals and families whose lives have been devastated by catastrophic injuries. We have obtained some of the largest settlements and verdicts in courts throughout the State of New York. We are a state-wide firm that handles cases with a hometown feel.
Our clients come to us looking for guidance and answers. With seasoned trial lawyers, the Porter Law Group has the resources necessary to help you navigate the most complex cases, against goliath insurance companies that will stop at nothing to prevent you from receiving the compensation you deserve.
You only get one chance to hire the best lawyer for you and your family. Hire the lawyers most recommended by former clients and local attorneys, and the firm that obtains superior results.
When you or a loved one’s life has been devastated by a serious personal injury in New York, don’t hire a lawyer without calling the Porter Law Group to learn why so many of our clients are thankful they trusted us with their case in their time of need.
Contact a New York Premises Liability Lawyer Today
If you've been injured on someone else's property in New York, time is critical. Evidence disappears, witnesses forget details, and crucial deadlines can pass quickly. The steps you take in the hours and days following your accident can determine whether you receive fair compensation or lose your rights entirely.
Don't let the complexity of premises liability law or aggressive insurance company tactics prevent you from getting the compensation you deserve. The experienced attorneys at the Porter Law Group are here to guide you through every step of the process, from initial evidence gathering to final settlement or trial.
Contact us today at 833-PORTER9 or email info@porterlawteam.com for a free, no-obligation consultation. We'll evaluate your case, explain your rights, and help you understand the best path forward for your specific situation.
Remember: property owners have insurance and legal teams working to minimize their liability from the moment your accident occurs. You deserve the same level of professional representation fighting for your rights and your family's financial future.
Your injuries are real, your damages are significant, and you deserve compensation when someone else's negligence causes you harm. Let the Porter Law Group put our experience, resources, and commitment to work for you. Contact us today to take the first step toward protecting your rights and securing the compensation you deserve.
