Manhattan Premises Liability Lawyers: Protecting Injured New Yorkers for 30+ Years

If you were injured on someone else’s property in New York City, you may be entitled to significant compensation. Property owners, landlords, businesses, and government entities have a legal duty to maintain reasonably safe conditions for visitors, tenants, customers, and passersby. When they fail in that duty, whether through neglect, poor maintenance, or deliberate indifference, the results can be life-altering: broken bones, traumatic brain injuries, permanent disability, or worse. At Mark E. Seitelman Law Offices, P.C., our Manhattan premises liability lawyers have been protecting injured New Yorkers for more than 30 years. Founded in 1990 by Mark E. Seitelman after he served as a law assistant to Acting New York State Supreme Court Justice Aaron D. Bernstein and six years at one of New York City’s leading insurance defense firms, our practice brings a rare insider’s perspective to plaintiff representation. We know how insurance companies think because we once represented them. That knowledge gives our clients a decisive strategic advantage. With 47 years of combined legal experience, more than 13,000 clients served, and a Martindale-Hubbell AV Preeminent rating (5.0 out of 5.0) maintained since 1999, the highest peer-reviewed honor in the legal profession, Mark E. Seitelman Law Offices is one of the most trusted personal injury firms in New York City. Mark Seitelman has been recognized in New York Super Lawyers for ten consecutive years and named among the Top 100 New York Lawyers by the National Trial Lawyers. Our 95% word-of-mouth referral rate speaks for itself. If you or a loved one was hurt on dangerous property, contact us today for a free consultation. We handle premises liability cases on a contingency fee basis; you pay nothing unless we win.

What Is Premises Liability Under New York Law?

Premises liability is a branch of personal injury law that holds property owners and occupiers legally responsible for accidents and injuries occurring on their property due to unsafe or dangerous conditions. Under New York law, anyone who owns, controls, or maintains property has a duty of care to ensure that it is reasonably safe for lawful visitors. This duty extends to a wide range of parties, including residential landlords, commercial businesses, retail stores, restaurants, hotels, schools, hospitals, construction site operators, and even New York City itself. The duty of care varies depending on the visitor’s status: invitees (customers, guests) are owed the highest duty of care, while licensees (social guests) and trespassers are owed lesser protections, though New York courts have increasingly recognized the rights of child trespassers under the attractive nuisance doctrine. One of the most important and uniquely New York premises liability rules governs sidewalks. Under New York City Administrative Code § 7-210, the City transferred responsibility for most public sidewalk maintenance to abutting property owners. If a broken, uneven, or defective sidewalk caused your fall, the owner of the adjacent building may be liable, not the City. Our attorneys are deeply familiar with this and other NYC-specific rules that can dramatically affect who is responsible for your injuries.

Common Types of Premises Liability Accidents in New York City

New York City’s density, aging infrastructure, and high foot traffic create a broad range of premises hazards. Our firm handles the full spectrum of premises liability cases, including:

• Slip and Fall Accidents – Wet floors, freshly mopped surfaces without warning signs, ice and snow accumulation, and leaking pipes are among the most frequent causes of serious slip and fall injuries in NYC apartments, stores, restaurants, and office buildings.
• Trip and Fall Accidents – Cracked or raised sidewalks, broken flooring, loose carpeting, exposed cables, and uneven thresholds cause thousands of trip and fall injuries each year. Under NYC Administrative Code § 7-210, property owners bear primary responsibility for most sidewalk defects.
• Staircase and Handrail Accidents – Broken or missing handrails, inadequate lighting, worn treads, and slippery stair surfaces regularly cause serious falls in apartment buildings, subway stations, and commercial properties. New York’s Multiple Dwelling Law imposes specific maintenance obligations on landlords.
• Elevator and Escalator Accidents – New York City has more elevators than any city in the world. Malfunctioning doors, sudden drops, leveling failures, and escalator mechanical defects can cause severe injuries. Building owners and elevator maintenance companies can both be held liable.
• Inadequate Security – Property owners in high-crime areas have a duty to provide adequate security measures. If an assault, robbery, or other violent crime occurred on commercial premises, in a parking garage, an apartment building, or a hotel due to inadequate lighting, broken locks, or absent security personnel, the property owner may be liable for resulting injuries.
• Falling Objects and Collapsed Ceilings – Construction debris, objects stored improperly at height, and deteriorated building materials that fall and strike pedestrians or occupants create serious liability for building owners, contractors, and property managers.
• Swimming Pool Accidents – Residential and commercial pool owners must maintain proper fencing, depth markers, non-slip surfaces, and adequate supervision. Failure to do so can lead to drowning, near-drowning, and severe traumatic injuries.
• Parking Lot Accidents – Poorly lit parking areas, broken pavement, absent curb markings, and inadequate traffic control create hazards for both pedestrians and drivers. Parking facility owners are responsible for keeping their properties reasonably safe.
• Toxic and Environmental Hazards – Lead paint exposure in older New York City buildings, mold contamination in poorly maintained properties, and asbestos in pre-1980 construction can cause long-term health injuries for tenants and visitors. Building owners have affirmative duties under New York City’s lead paint laws and housing regulations.

What You Must Prove to Win a New York Premises Liability Case

To succeed in a premises liability claim in New York, you must establish four key legal elements. Our attorneys will build a comprehensive factual and legal record to prove each one:

1. Duty of Care. The defendant, whether an individual property owner, corporation, landlord, or government entity, owed you a legal duty to maintain the property in a reasonably safe condition.
2. Breach of That Duty. The property owner failed to meet that standard. This is where the concept of notice becomes critical. New York courts require proof that the defendant either created the dangerous condition, had actual notice of it (meaning they knew about it), or had constructive notice that the hazard existed for long enough that a reasonable property owner should have discovered and corrected it. For example, if a wet floor caused your fall and the water had been pooling for hours, a jury can infer the owner had constructive notice.
3. Causation. The unsafe condition directly caused your injury. Defense attorneys frequently argue that your own inattention, inappropriate footwear, or failure to avoid an obvious hazard contributed to the accident. Mark E. Seitelman’s background defending insurance companies gives our team unique insight into how these defenses are constructed and, more importantly, how to defeat them.
4. Damages. You suffered actual, compensable harm, physical injury, financial loss, or both. New York recognizes a wide range of compensable damages in premises liability cases (detailed below).

Special Rules: Suing New York City or a Government Entity

Premises liability claims against New York City, the Metropolitan Transportation Authority (MTA), the New York City Housing Authority (NYCHA), the Port Authority of New York and New Jersey, or any other government entity carry strict procedural requirements that do not apply to private defendants. If you miss these deadlines, your claim may be permanently barred, no matter how serious your injuries. Notice of Claim Requirement. Under New York General Municipal Law § 50-e, before you can sue most New York municipal defendants, you must file a formal Notice of Claim within 90 days of your accident. This document must include specific information about the nature of your injury, the location, the date and time, and the damages claimed. Missing this 90-day window can end your case before it starts. Statute of Limitations for Municipal Claims. In addition to the Notice of Claim, claims against most government entities in New York must be commenced within one year and ninety days of the accident under General Municipal Law § 50-i. This is considerably shorter than the three-year window available for private defendants. If you were injured on a NYC subway platform, inside an MTA bus, on a public school staircase, in a NYCHA housing complex, or on any other government-maintained property, contact our office immediately. Time is of the essence, and the consequences of delay are irreversible.

New York’s Statute of Limitations for Premises Liability Claims

New York law sets strict deadlines called statutes of limitations for filing personal injury lawsuits. Missing these deadlines almost always results in the permanent loss of your right to recover compensation.

Because these deadlines vary significantly based on who owns the property where you were injured and because building ownership in New York City is often complex, involving LLCs, management companies, and government lessees, it is critical to retain experienced counsel as quickly as possible after your accident. Our team will identify every responsible party and ensure all required filings are made on time.

How New York’s Comparative Negligence Law Affects Your Case

New York follows a “pure comparative negligence” rule under CPLR Article 14-A. This means that even if you were partially responsible for your own injury, you can still recover compensation; your damages are simply reduced in proportion to your percentage of fault. For example, if a jury determines you were 25% at fault for a fall because you were looking at your phone, and your total damages are $400,000, you would still recover $300,000, a 75% recovery. Unlike many other states, New York does not bar recovery if you are more than 50% at fault. Even if a plaintiff is found 90% responsible can recover 10% of their damages. Insurance defense lawyers know this law as well as we do, and they will work hard to maximize your assigned percentage of fault to minimize their client’s exposure. Having an attorney with Mark E. Seitelman’s background, including six years on the insurance defense side, means we anticipate these tactics and counter them effectively from the start.

Compensation Available in a New York Premises Liability Case

New York law allows injured premises liability victims to seek compensation for the full range of losses they have sustained, both financial and personal. Our attorneys pursue maximum recovery across all available categories:

The value of a premises liability claim depends on many factors: the severity of your injuries, the degree of the property owner’s negligence, the impact on your ability to work and live your life, and the strength of the evidence. Mark E. Seitelman is a Life Member of the Million Dollar Advocates Forum, a distinction that requires documented verdicts or settlements of $1 million or more. Our firm has the track record and the resources to pursue full compensation on your behalf.

How Mark E. Seitelman Law Offices Investigates and Builds Your Case

A successful premises liability case is built on evidence, and evidence disappears fast. Surveillance footage gets overwritten. Witnesses move on. Hazardous conditions get repaired. Property owners and their insurers begin preserving evidence to protect themselves the moment an incident is reported. You need an equally prepared and aggressive team in your corner immediately. Our investigation process includes:

• Scene Investigation: We visit the accident location as quickly as possible to document conditions, take measurements, photograph hazards, and identify surveillance cameras whose footage must be preserved.
• Evidence Preservation  We issue spoliation letters to property owners and their insurers requiring them to preserve all relevant evidence, including surveillance footage, maintenance records, incident reports, and prior complaint logs.
• Witness Identification and Interviews  Eyewitnesses can be decisive. We locate and interview witnesses before memories fade and before opposing counsel can get to them.
• Expert Consultants  For complex cases, we retain engineers, architects, safety specialists, and medical experts to establish the standard of care, document how the property failed to meet it, and quantify the impact of your injuries on your life and future earning capacity.
• Medical Record Review  Our team, which includes Elise Alpert, R.N., M.P.A., J.D., reviews your complete medical history and records to build a comprehensive picture of your injuries and future care needs.
• Insurance and Ownership Research: New York City property ownership is often layered. We investigate deed records, LLC registrations, property management agreements, and insurance policies to identify every party who may share liability for your injuries.

Mark E. Seitelman spent the first decade of his career defending insurance companies at Lester Schwab Katz & Dwyer, one of New York City’s most respected insurance defense firms. He knows exactly how insurance adjusters evaluate claims, what evidence makes a case strong or weak, and at what point insurers shift from denial to settlement. This inside knowledge informs every decision we make on your behalf.

Frequently Asked Questions About Premises Liability in New York

What should I do immediately after a premises liability accident?

Report the incident to the property owner, manager, or business immediately and request that an incident report be created. Seek medical attention right away, both to protect your health and to create a medical record connecting your injury to the accident. Photograph the hazardous condition, the scene, and your visible injuries before anything is cleaned up or repaired. Collect contact information for any witnesses. Then contact a premises liability attorney as soon as possible.

Does it matter that I did not have a formal invitation to be on the property?

Generally, New York law protects anyone who is on a property with the express or implied permission of the owner, customers in stores, tenants and their guests, visitors to public spaces, and even individuals who enter properties that are open to the public. The key question is whether you were on the property lawfully. If you were, the property owner owed you a duty of reasonable care.

What if the hazard that caused my fall was “open and obvious”?

Property owners sometimes argue that a dangerous condition was so obvious that any reasonable person would have seen and avoided it, eliminating their liability. New York courts treat this as a comparative negligence question, not an absolute bar to recovery. Even if a hazard was visible, if the property owner created it or failed to correct it, they may still share responsibility for your injuries. Your recovery may be reduced to reflect any contribution you made to the accident, but you are not automatically barred from recovering.

What if I slipped on a public sidewalk in New York City?

This depends on the location of the sidewalk. Under NYC Administrative Code § 7-210, the owner of the property abutting the sidewalk (not the City) is responsible for maintaining most NYC sidewalks in a reasonably safe condition. However, certain sidewalks adjacent to City-owned properties remain the City’s responsibility. If the City is liable, you must file a Notice of Claim within 90 days. Our attorneys will identify the correct defendant quickly so that no deadlines are missed.

How long will my premises liability case take?

The timeline varies significantly depending on the complexity of your case, the number of defendants, the severity of your injuries, and whether the case settles or goes to trial. Many premises liability cases in New York resolve within one to two years through negotiation or mediation. Cases that proceed to trial may take three to four years or longer. Our goal is always to maximize the value of your recovery, whether that happens through settlement or a jury verdict. Mark E. Seitelman and his team appear in New York courts on a near-daily basis and are fully prepared to take your case to trial if necessary.

Contact Our Manhattan Premises Liability Lawyers for a Free Consultation

Being injured on someone else’s property is frightening and financially devastating. Medical bills pile up. You may be unable to work. The property owner’s insurance company is already working to minimize what they pay you. You deserve experienced advocates in your corner from day one. Mark E. Seitelman Law Offices, P.C. has served injured New Yorkers for more than 30 years from our three Manhattan offices. We offer free consultations and handle all premises liability cases on a contingency fee basis. There are no upfront costs and no fees unless we obtain a recovery for you. With offices conveniently located in Lower Manhattan, the Lower East Side, and the Upper East Side, we serve clients throughout Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. Our multilingual team is available to assist clients in English, Spanish, Albanian, and Russian. Call us today at 212-962-2649 or fill out our online form to schedule your free case evaluation. Time limits apply to premises liability claims in New York, and in some cases, such as accidents involving government entities, you may have as little as 90 days to preserve your right to recover. Do not wait.

Disclaimer: This content is provided for informational purposes only and does not constitute legal advice. Each case is unique, and the outcome of any legal matter depends on the specific facts and circumstances involved. Past results do not guarantee or predict similar outcomes in future cases. Contact Mark E. Seitelman Law Offices, P.C. for advice specific to your situation.