What is premises liability?

Premises liability is a legal principle that holds property owners and managers responsible for maintaining safe conditions on their property. If someone is injured due to an unsafe condition, the owner, landlord, or managing entity may be held liable for failing to address known hazards.

Premises liability laws protect individuals lawfully on a property—including tenants in apartment buildings, visitors to businesses, and workers at construction sites—by ensuring that hazardous conditions are properly maintained or addressed.

At De Caro & Kaplen, LLP, personal injury attorneys Michael V. Kaplen and Shana De Caro have spent decades advocating for individuals injured due to unsafe property conditions. Their experience in premises liability law ensures that negligent property owners are held accountable.

What Are Property Owners’ Legal Obligations?

Property owners and managers have a legal duty to ensure their premises are free from dangerous conditions that could cause harm to visitors, tenants, or employees. This duty includes:

• Proper Maintenance: Regularly inspecting and repairing hazards such as broken stairs, uneven flooring, or malfunctioning doors.
• Safety Inspections: Identifying potential risks and addressing dangers promptly.
• Warning of Hazards: If an unsafe condition cannot be fixed immediately, property owners must provide clear warnings (e.g., signs, barriers) to prevent accidents.

Negligence in these areas can result in serious injuries, making it essential for victims to understand their legal rights.

What Are Some Examples of Premises Liability Cases?

Premises liability law covers a wide range of situations where property owner negligence leads to injury. Common examples include:

• Apartment Buildings: Broken or uneven stairs, missing handrails, poor lighting, or slippery floors.
• Office Buildings & Stores: Wet floors in lobbies, defective doors, or falling objects.
• Construction Sites: Unsafe scaffolding, falling debris, or failure to provide protective equipment.
• Public Spaces: Uneven sidewalks, potholes in parking lots, or failure to clear snow and ice properly.

Michael Kaplen, who has been recognized as one of New York’s Top 100 Trial Lawyers, stresses: “Many injuries occur because property owners fail to address known hazards. Victims deserve legal representation to hold negligent parties accountable.”

Does New York State Have Laws Requiring Safe Property Conditions?

Yes. In New York, specific laws exist to ensure public safety and hold property owners accountable, including:

• Multiple Dwelling Law: Requires landlords to maintain residential buildings in a safe and habitable condition for tenants.
• Construction Site Safety Laws: Property owners, general contractors, and subcontractors must ensure a safe work environment for construction workers to prevent injuries from unsafe scaffolding, falling debris, and hazardous equipment.

If an injury occurs due to a violation of these laws, victims may have a strong premises liability case.

What Should You Do If You Are Injured on Someone Else’s Property?

If you are injured due to an unsafe condition, take the following steps to protect your legal rights:

1. Document the Hazard: Take photos or videos of the condition that caused your injury (e.g., broken stairs, wet floor, poor lighting).
2. Preserve Evidence: If possible, keep records of any prior complaints made about the dangerous condition.
3. Obtain Witness Information: Collect the names and contact details of any witnesses.
4. Seek Medical Attention: Even if your injury seems minor, a doctor’s evaluation creates an official record of your condition.
5. Report the Incident: Notify the property owner or manager about the accident and request a written report.
6. Keep Records: Save medical bills, receipts, and any correspondence related to your injury.
7. Contact an Attorney: Speak with an experienced premises liability attorney to evaluate your case and protect your rights.

Why Do You Need a Premises Liability Attorney?

Premises liability cases can be challenging, as property owners and their insurance companies often deny responsibility or try to minimize compensation.

An experienced premises liability attorney can:

• Investigate the accident and gather critical evidence to prove negligence.
• Consult safety experts to demonstrate how the property owner failed to meet legal obligations.
• Fight for full compensation, including medical expenses, lost wages, and pain and suffering.

Shana De Caro, former Chairwoman of the Brain Injury Association of America, has dedicated her career to fighting for injury victims, ensuring they receive fair treatment and just compensation.

How Can De Caro & Kaplen, LLP Help?

At De Caro & Kaplen, LLP, we understand the physical, emotional, and financial toll an injury can take. For over 45 years, we have successfully represented accident victims harmed by unsafe premises.

• Michael V. Kaplen is board-certified in Civil Trial Advocacy and has extensive experience holding negligent property owners accountable.
• Shana De Caro is a leader in personal injury and premises liability law, ensuring clients receive maximum compensation.

If you’ve been injured due to an unsafe condition on someone else’s property, we’re here to help you every step of the way.

Contact Us for a Free Consultation

If you or a loved one has suffered an injury due to unsafe property conditions, don’t wait. Contact De Caro & Kaplen, LLP today for a free, no-obligation consultation.

We are committed to protecting your rights and securing the compensation you deserve.