Premise Accidents

NYC Premises Accidents and Slip & Fall Lawyers


At Spar & Bernstein, we have represented injured clients for more than 50 years.

If you have been hurt on someone else’s property due to dangerous conditions or negligence, our experienced personal injury attorneys at Spar & Bernstein will fight for the best possible outcome, including a maximum settlement for your case.

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Our knowledgeable and thorough team at Spar & Bernstein will handle all the details of your premises liability case, from providing recommendations and filing paperwork to communicating with liable parties and representing you in court.

We have helped thousands of clients successfully resolve their cases and obtain large settlement awards.


If you are injured on someone else’s property due to unsafe conditions or negligence, you may be eligible to file a premises liability claim. Types of premises accidents recognized by New York State Law include:

  • Slip and fall accidents
  • Trip and fall accidents
  • Inadequate lighting
  • Negligent security
  • Defective escalators or elevators
  • Dangerous stairwell or stairwell conditions
  • Supermarket and retail store accidents
  • Toxic mold
  • Train and subway accidents
  • Snow and ice accidents
  • Swimming pool accidents
  • Drowning accidents
  • Malfunctioning equipment
  • Negligent road design / Roadway neglect
  • Dog bites / Animal attacks


Statute Of Limitations

The statute of limitations states that a premises liability claim must be filed within three (3) years of the incident date.

Premises Liability Law

The premises liability law states that property owners in New York are responsible for keeping their premises free of potential dangers that could cause harm.

New York City Administrative Code, Section § 7-210

Section 7-210 of the New York City Administrative Code states that property owners are responsible for keeping sidewalks abutting their premises in safe condition, free of ice, snow and dirt that can lead to slip and fall accidents or other injuries.

New York Estates, Powers, & Trusts (EPT) §5-4.1

Section 5 – 4.1 of the EPTL law states that if a premise accident results in the death of a person, their personal representative may seek compensation within two (2) years from the date of death.


The liable parties for premise accidents are the property owners who fail to maintain a safe environment on their property and this results in personal injuries.

Depending on the location where you have been injured, you can sue building owners, homeowners, landlords, the city and more.


Medical Treatment Expenses

If you were involved in a premise accident, you can file a claim for hospital bills, doctor visits, medication, physical therapy and medical devices, such as a wheelchair, cane and medical walkers.

Lost Income

If you were unable to return to work after the accident, you can seek compensation for the money you were unable to earn. You can also seek compensation for future lost wages, if you are unable to perform the same job duties as before.

Property Loss

If your property was damaged or destroyed due to the accident, you can seek compensation for property loss.

Pain And Suffering

If you experienced pain and suffering due to the accident, you can seek compensation for the physical and mental suffering you experienced as a result of your injuries.

Loss Of Enjoyment

If a premise accident left you unable to engage in activities you once enjoyed, you can pursue compensation for loss of enjoyment.

Loss Of Consortium

If your spousal relationship was negatively affected by the injuries you suffered in a premise accident, you can seek compensation for loss of consortium.

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What Does Premise Liability Mean?

If you get hurt on someone else’s property, you can file a premises liability claim.

To be eligible for a premises liability claim, all of the following must be true:

  • You suffered a personal injury
  • Your accident occurred due to unsafe conditions
  • You were present on the property lawfully (i.e., you were hired to work there or the property owner invited you)
  • The land owner was aware of the unsafe condition and did not take measures to remedy the situation
  • The premises did not have warning signs of the potential danger

What Are The Most Common Types Of Premises Liability Cases In New York?

Premises liability cases include a wide range of situations, including:

  • Slip and fall accidents
  • Trip and fall accidents
  • Inadequate lighting
  • Negligent security
  • Dangerous stairwell or stairwell conditions
  • Supermarket and retail store accidents
  • Train and subway accidents
  • Snow and ice accidents
  • Falling objects
  • Elevator accidents (falling in an empty shaft, tripping and more)
  • Malfunctioning equipment on the premises
  • Dog bites
  • Exposure to toxic chemicals
  • Toxic mold
  • Fires and explosions
  • Inadequate maintenance
  • Swimming pool accidents
  • Amusement Park accidents
  • Drowning accidents
  • Parking lot slips and falls
  • Negligent road design / Roadway neglect

What Is The Difference Between A Slip And Fall Accident vs. A Trip And Fall Accident?

In a slip and fall accident, a victim falls backwards as a result of:

  • Slipping on something slippery or wet on the ground
  • Falling due to shifting ground material or an unbalancing factor

In a trip and fall accident, a victim falls forward as a result of:

  • Failing to step all the way over something that’s hard or fixed
  • Getting a foot caught on an object

While a slip and fall accident typically leads to injuries on the face, knees, chest or wrists, a trip and fall accident causes injuries to the back, tailbone or back of the head.

It’s important to determine the distinction between the two types of premise accidents, because keeping the details of story straight plays a key role in court testimony.

To determine which type of accident you suffered, contact an experienced attorney to review the details of your case.

What Are The Most Common Conditions That Cause A Trip And Fall Accident?

The most common conditions for a trip and fall accident include:

  • Cracked sidewalks
  • Raised manhole covers
  • Materials left on the floor
  • Material or debris at construction sites


What Are The Most Common Premise Accident Injuries?

The common injuries in premises liability cases typically include:

  • Bone fractures
  • Neck and back injuries
  • Soft tissue injury
  • Traumatic brain injury (TBI)
  • Spinal cord trauma and paralysis
  • Concussions
  • Herniated and ruptured discs
  • Lacerations
  • Organ perforation
  • Eye injuries
  • Shock injuries and burns


If I Was Injured While Trespassing, Who Is Liable For My Injury?

In most cases, if you are injured when trespassing, the property owner is not liable, even if they were aware of dangerous conditions on their property.

Exceptions may include:

  • Children and attractive nuisance: The trespasser is a child who was attracted to an appealing area that posed a risk to their safety (an unfenced pool, for example).
  • Trespasser known to owner: The property owner is aware of the trespasser and reluctantly accepts the trespassing.


What Should I Do After A Premises Liability Accident?

If you are injured in a premises liability accident, seek immediate medical attention and explain how your injury was caused to medical professionals.

  • Take photos/videos of the incident site which may later support your claim
  • Ask eyewitnesses of the incident for contact information
  • Make a note of the weather conditions during the time of the premise accident
  • Contact an attorney who specializes in premises liability cases
  • Keep a journal to record how the incident affected your daily routine
  • Track medical expenses and additional costs

At Spar & Bernstein, we handle all details of your claim, from investigation to paperwork, communicating with third parties and representing you in court.

I Was Injured At My Workplace. Can I File A Premise Accident Case?

Typically, New York laws protect employers from being sued for premise accidents, except in limited circumstances.

However, if you are injured on the job, it is possible to file a claim against third-parties that are responsible for safety conditions on the premises. Depending on the circumstances, you may be eligible for compensation on top of your worker’s compensation.

Contact an experienced personal injury attorney to determine your options.

I Tripped And Fell On A Sidewalk. Who Is Responsible?

Typically, the property owner is responsible for maintaining sidewalks connected to their property.

If you were injured on a public sidewalk, the City of New York may be held liable.

Contact a personal injury attorney to review your case and determine your options.

What Is An Example Of Negligent Building Security?

Negligent building security cases refer to offices and apartment buildings where owners are responsible for securing access to the building. Security measures can include security guards, doormen, locking doors and more.

If someone enters the building and assaults or kills a tenant inside, the injured party can file a premises liability case against the owner of the building, for negligence.

Who Will Pay For My Medical Treatment After A Premise Accident?

After an accident, your medical bills will be covered by your health insurance, if you are insured. You can pursue compensation to cover your expenses by filing a premises liability claim against the party responsible.

At Spar & Bernstein, we search for solutions that allow medical bills to be paid as they arise.

I Cannot Afford Legal Services. Can I Pursue A Premises Liability Case?

At Spar & Bernstein, we believe that every person deserves legal representation regardless of their financial standing.

Our free initial consultation serves as the foundation of our client relationships, where we examine the grounds for your premises liability case and determine how to handle it to achieve the best possible outcome.

We do not require payment in advance. Once a settlement is reached, we collect a payment in the form of a percentage of the net amount you are awarded as compensation.

Experienced Leader in Immigration and Injury Law

Bradford H. Bernstein, a second-generation leader at Law Offices of Spar & Bernstein, P.C., has helped over 100,000 clients with immigration and personal injury issues. Brad joined the firm in 1993, became a partner in 1997, and assumed leadership in 2000 after Harry Spar retired.

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