top of page

Premises Liability

New York property owners and occupants have a duty of care to keep their property free from hazards that may harm visitors, as stated by premises liability law. If the property owner or manager is found to be responsible for creating, ignoring, or failing to identify a hazardous condition, they may be held liable for any resulting injuries and financial losses.

To win a premises liability case, your lawyer must demonstrate either:

  1. The defendant created the dangerous or defective condition that caused your accident, OR

  2. The defendant had actual or constructive knowledge of the condition and enough time to address it.

kantaria-law-practiceareas_0001_Layer 6.jpg

Defendants may use affirmative defenses such as "assumed risk" to avoid responsibility, which argues that the plaintiff was aware of the risk of injury but chose to proceed anyway. Insurance companies may also argue that the accident was partly caused by the plaintiff's lack of attention.

Some common Premise liability incidents include:


  • Swimming Pool Accidents.

  • Blazes or Fires.

  • Elevator and Escalator Mishaps.

  • Inadequate Security Measures.

  • Slips, Trips, and Falls Incidents.

  • Objects Dropping.

  • Amusement Park Mishaps.

  • Stair Structural Failure.


Common injuries seen in premises liability cases include:

  • Traumatic brain injury (TBI)

  • Spinal cord trauma and paralysis

  • Neck and back injuries

  • Bone fractures

  • Herniated and ruptured discs

  • Soft tissue damage

  • Lacerations

  • Eye injuries

  • Burns and shock injuries

  • Organ perforation.

Also, keep in mind that under New York law, you are still eligible for personal injury compensation even if you are partly to blame for the accident. With a skilled attorney in your corner, insurance companies will have a worthy adversary, making it more difficult to falsely drive down the value of your claim.  Our lawyers understand the impact a premises liability injury can have on a person and their family, both physically, emotionally, and financially. We are here to help you navigate the legal process and secure the compensation you deserve.

bottom of page