Premises liability claims look simple — you were hurt on someone’s property, so they should pay. In practice they turn on a narrow technical question that has nothing to do with how badly you were injured: did the property owner know, or should they have known, about the hazard in time to do something about it?
That question, called notice, decides most of these cases. This guide explains how it works, what evidence answers it, and the New York rules that make some premises claims far stronger than others.
Key Takeaways
- You generally must prove the owner had actual or constructive notice of the hazard — that it was visible and apparent, and existed long enough to have been discovered and remedied.
- New York abandoned the old visitor-category system. A single standard of reasonable care under the circumstances applies to lawful visitors.
- New York applies pure comparative fault, so partial responsibility reduces recovery without ever barring it.
- In New York City, liability for sidewalk defects generally sits with the abutting property owner rather than the city, with an exception for small owner-occupied homes.
- Claims against municipalities require a notice of claim within 90 days — the single most common way a good premises claim is lost.
Understanding Premises Liability
A property owner or occupier owes a duty to maintain the premises in a reasonably safe condition. Older law graded that duty by the visitor’s status — invitee, licensee or trespasser — and many states still do. New York moved away from that framework decades ago in favour of a single question: what would a reasonable person have done in the circumstances, taking account of the foreseeability of injury?
That does not mean an owner is liable for every accident. There is no strict liability here. The claimant must establish that a dangerous condition existed, that the owner created it or had notice of it, that they failed to remedy it or warn, and that this caused the injury.
The notice requirement in practice
Notice comes in two forms. Actual notice means someone told them, or they knew — a prior complaint, a maintenance request, a previous incident. Constructive notice means the defect was visible and apparent and had existed for a sufficient period that reasonable inspection would have found it.
This is where cases are won and lost. A spill that occurred sixty seconds before you slipped generally produces no liability, because nobody could reasonably have discovered it. The same spill, dried at the edges with cart tracks through it, tells a different story. Evidence of duration is therefore critical — and it disappears within minutes of the incident unless someone photographs it.
Where the owner created the hazard themselves — a freshly waxed floor without signage, a display stacked unsafely — notice is not a separate hurdle.
Common Types of Claim
- Slip and trip hazards — spills, worn treads, uneven flooring, loose mats, poor lighting.
- Sidewalk defects — raised flags, broken paving, tree pit hazards.
- Snow and ice, subject to important timing rules discussed below.
- Stairway and railing failures, frequently involving building code violations.
- Construction site injuries, which in New York engage a distinct and much stronger statutory framework.
- Inadequate security, where a foreseeable criminal assault occurred and reasonable measures were absent.
- Falling objects, elevator and escalator failures, and dog bites.
Three New York Rules Worth Knowing
Sidewalk liability
New York City shifted responsibility for maintaining sidewalks onto abutting property owners, with an exception for one, two and three-family owner-occupied residential properties, where the city may remain responsible. Identifying the correct defendant is therefore the first task, and getting it wrong can mean missing a deadline against the party who actually owes the duty.
Snow and ice, and the storm in progress
A property owner is generally not required to clear accumulation while a storm is ongoing. The duty arises within a reasonable time after it ends, and New York City sets specific windows for clearing after snowfall stops. This makes weather records — the precise timing of when precipitation ended — genuinely decisive evidence in winter cases.
A separate and often stronger theory arises where the owner’s own clearing efforts created or worsened the hazard, for instance by piling snow that melted and refroze across a walkway.
Construction and elevation-related injuries
New York’s Labor Law imposes particularly strong protections for workers injured in elevation-related construction accidents, placing responsibility on owners and general contractors in ways that go well beyond ordinary negligence. If your injury occurred on a construction site, the claim should be assessed under that framework rather than treated as a standard premises case — the difference in outcome is substantial.
Steps to Take After an Injury
- Photograph the hazard immediately, before it is cleaned or repaired — from several angles, with something for scale, and capturing lighting and surroundings. This is the single most valuable thing you can do.
- Report it and get an incident report, with a copy or at least the reference number and the name of the person who took it.
- Get medical attention the same day and describe how the injury happened so it appears in the record.
- Collect witness names and numbers yourself. Staff turnover means employees who saw it may be unreachable in months.
- Note cameras. Retail and building systems commonly overwrite within one to four weeks, so a written preservation request has to go out quickly.
- Keep the footwear and clothing you were wearing, unwashed.
- Identify the property owner — managing agent, landlord and tenant may all be separate parties with separate insurers.
- Do not give a recorded statement to the property’s insurer before taking advice.
Note that personal injury protection on an auto policy does not apply to premises injuries. Your own health insurance is normally the immediate payer, and it may assert a lien against any eventual recovery.
Filing a Claim
The process usually begins with a notification letter to the owner and their insurer, followed by an investigation, a demand package once treatment stabilises, and negotiation. Suit is filed if the claim does not resolve or a deadline approaches.
Deadlines are the hard constraint. New York’s general limitation period for personal injury is three years. But claims against a city, public authority, transit agency or school district require a formal notice of claim within 90 days of the incident, with suit typically required within one year and ninety days. That 90-day window is short, unforgiving, and the most frequent reason meritorious premises claims fail.
A complete demand should establish the hazard, the notice evidence, the failure to remedy, and the full extent of personal injury loss — past and future medical costs, lost earnings, reduced earning capacity, and the non-economic impact.
Legal Considerations and Common Defences
- No notice. The most common defence, and the reason duration evidence matters so much.
- Open and obvious. In New York this does not automatically defeat a claim; it goes to comparative fault, and an owner still has a duty to maintain the premises in a reasonably safe condition.
- Comparative fault. Distraction, footwear and phone use are routinely raised. Under pure comparative fault your recovery is reduced by your share but never eliminated.
- Wrong defendant. Lease terms often allocate maintenance responsibility between landlord and tenant, and both may need to be named.
- Storm in progress, in winter cases.
Where the injury is serious or a public entity is involved, working with a premises liability attorney at Olan Law early is worth it — largely because the preservation letters and the 90-day notice have to be handled before anyone is negotiating anything.
Frequently Asked Questions
Do I have a claim just because I fell on their property?
No. You must show a dangerous condition that the owner created or had actual or constructive notice of, and failed to remedy or warn about. Property owners are not insurers of visitor safety.
How long do I have to file in New York?
Generally three years for personal injury. Against a municipality or public authority, a notice of claim is normally required within 90 days, with a much shorter period to commence suit.
What if I was looking at my phone?
New York’s pure comparative fault rule reduces your recovery by your share of responsibility but does not bar it. Do not assume distraction ends the claim.
Who is responsible for a broken sidewalk?
In New York City, usually the abutting property owner, with an exception for small owner-occupied residential properties where the city may be responsible. Identify this early, because the deadlines differ.
Can I claim if I fell on ice during a storm?
Often not while the storm is ongoing, since the duty to clear arises within a reasonable time after it ends. A claim may still lie if the owner’s own clearing created the hazard.
What if there is no CCTV footage?
Claims succeed without it, using incident reports, maintenance and inspection logs, prior complaints and witness evidence. Where footage existed and was destroyed after a preservation request, that itself can carry consequences.
Conclusion
Premises liability turns on notice, and notice turns on evidence that vanishes fast. Photograph the hazard before it is cleaned, report it in writing, get the incident report, preserve footage in days rather than weeks, and identify the correct owner immediately — particularly where a public entity and its 90-day clock may be involved. Those steps decide these cases far more often than the severity of the injury does.
This article is general information, not legal advice. Premises liability rules, visitor categories and deadlines vary substantially by state — confirm your position with a qualified attorney.
Related reading: How Law Firms Can Strengthen Client Relationships All Year Round.
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