When people hear “premises liability,” they usually picture a wet floor. Slips and trips are a big part of it, but the law covers much more: assaults in buildings with broken locks, falling bricks and debris, elevator and escalator malfunctions, collapsing ceilings, and dangerous stairways. This guide from a NYC premises liability lawyer explains the other kinds of property injury claims New Yorkers bring, what an owner can be held responsible for, and how these cases are proven in all five boroughs.
The basic duty of a New York property owner
An owner or manager of property in New York must keep it in reasonably safe condition, considering who is likely to be there and how likely an injury is. For apartment buildings, that duty is spelled out further by statute. Multiple Dwelling Law § 78 requires owners of multiple dwellings to keep them in good repair, and the city’s Housing Maintenance Code places similar obligations on landlords. As with most property claims, the injured person usually has to show the owner created the danger or knew or should have known about it and failed to fix it in a reasonable time.
Negligent security: assaults in buildings and businesses
An owner isn’t responsible for every crime committed on its property. But where an attack was reasonably foreseeable and the owner failed to take minimal security precautions, the owner can share responsibility. Cases often involve:
- Broken or missing lobby door locks that let intruders walk in
- Buzzer and intercom systems left broken for weeks
- Burned-out lighting in hallways, stairwells, garages and courtyards
- A history of similar crimes in the building or on the property
Two questions tend to decide these claims: was the danger foreseeable because of prior incidents, and did the failed security measure make it possible for the attacker to get in? Tenant complaints, 311 records and HPD violations can help answer both.
Falling objects and building facades
Bricks, loose facade pieces, window air conditioners, scaffolding materials and ice falling from buildings injure pedestrians every year. New York City requires periodic facade inspections for taller buildings, and those inspection reports can show that an owner knew about unsafe conditions. When a construction project is involved, contractors and the building owner may share responsibility, and workers hurt on site may have additional rights under the Labor Law; see our construction accident page.
Elevators and escalators
Elevators that stop out of level with the floor, doors that close on passengers, sudden drops and escalator entrapments can cause serious injuries. Owners typically hire elevator maintenance companies, and both may be responsible. Maintenance logs, inspection records and prior complaints are key evidence, and they need to be requested before they disappear.
Stairways, ceilings and structural hazards
Missing handrails, broken treads, loose carpeting, collapsed ceilings from long-standing leaks, and rotted porches are common in older city housing. If a tenant or visitor complained about the condition and nothing was done, that record often establishes notice. For falls on wet floors, sidewalks, snow and ice, see our companion guide from a Queens slip and fall lawyer.
Dogs, pools and other hazards
A landlord who knew a tenant’s dog was dangerous and could have removed it may share responsibility for a bite; our dog bite guide explains that rule. Unfenced pools, open basement hatches, exposed wiring and uncovered construction openings can also support premises claims.
Public housing and city property
Injuries at NYCHA developments, city buildings or other public property follow special rules. A notice of claim is usually required within 90 days under General Municipal Law § 50-e, and the time to sue is often shorter than for private claims. If there’s any chance a public entity is involved, get advice early.
Evidence to gather
- Photographs of the hazard and the surrounding area, taken as soon as possible
- Your medical records, starting with the emergency visit
- Names of witnesses, the super or building staff you spoke with
- Copies of complaints, emails, texts and 311 reports about the condition
- A request that the owner preserve surveillance video
Shared fault and deadlines
New York’s pure comparative fault rule, CPLR § 1411, reduces your recovery by your share of fault but doesn’t bar it; see our comparative negligence guide. Most private premises claims must be filed within three years under CPLR § 214. For more on how we handle these cases, visit our premises liability practice page.
Frequently asked questions
What does a NYC premises liability lawyer handle besides slip and falls?
Negligent security assaults, falling objects, elevator and escalator injuries, ceiling collapses, stairway defects, dog bites involving landlords and other dangerous property conditions. A NYC premises liability lawyer looks at who owned, managed and maintained the property, since more than one party may be responsible.
Can I sue my landlord if I was attacked in my building?
Possibly, if the attack was foreseeable and a security failure, such as a broken lobby lock, allowed the attacker in. These cases depend heavily on prior complaints and incidents.
Who is responsible when something falls off a building?
Usually the building owner, and sometimes contractors or maintenance companies working on the facade. Inspection reports and work permits can show who knew about the danger.
Visit Yakov Mushiyev & Associates
Our office is at 1 Cross Island Plaza, Suite 325, Rosedale, NY 11422, just off the Cross Island Parkway on the Queens–Nassau border. If you can’t come to us, we’ll come to you: at home, in the hospital or by video.
Talk to a NYC premises liability lawyer today
Yakov Mushiyev & Associates has recovered over $80 million for injured New Yorkers across the five boroughs and Nassau County. Consultations are free, available in English, Russian and Spanish, and there is no fee unless we win.
Call 718.775.3110 or contact us online for a free case review.
About this article: written by Ribacoff Enterprises for Yakov Mushiyev & Associates. It is general information for injured New Yorkers, not legal advice.
This article is general information, not legal advice. Every case is different. Attorney Advertising.