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It was supposed to be a quiet moment. Our client had stepped outside to make a phone call behind his hotel – a spot he believed was safe, just another corner of an otherwise ordinary day.
But then, without warning, everything changed.
A gust of wind whipped through the parking lot, and with it came a heavy wooden gate – part of the hotel’s dumpster enclosure. The gate, unlatched and broken, was no match for the wind. It slammed into our client’s back with terrifying force, knocking him onto the pavement. The impact was violent. The consequences were permanent.
This wasn’t an accident – it was a preventable tragedy.
We are Shana De Caro and Michael Kaplen, senior partners in the New York personal injury law firm De Caro & Kaplen, LLP. And together, we’ve been holding New York negligent building owners to account for over 43 years.
The case highlighted above resulted in a $3.45M recovery for our client. It’s one of the many multi-million dollar settlements our firm has obtained in premises liability cases.
You’re here because you or a loved one suffered a preventable injury caused by the negligence of a property owner, landlord, or building management company. We’re here to help you get the justice and compensation you deserve.
Ready to arrange your free consultation?
Contact our attorneys on (212) 732-2262 to discuss your premises liability case, or fill in our contact form here.
No matter if you're a tenant or visitor in a rental unit or a customer at your favorite store, you have a right to expect that the building in which you live, shop, or walk is reasonably safe. But when a landlord, building management company, or property owner does not repair or maintain their property, it can become a real danger zone. Serious injuries can occur as a result of:
When you retain De Caro & Kaplen for your premises liability case, you’ll be backed by our partners Shana De Caro and Michael Kaplen, who each have over 43 years of experience in personal injury law.
And unlike many firms, your case won’t be handed off to a paralegal or junior associate. You’ll work directly with Shana and Michael, who will personally handle your lawsuit from start to finish.
We invite you to visit our bio pages (Shana, Michael) for more information on our credentials, or follow the links below.
Ready to arrange your free consultation?
Contact our attorneys on (212) 732-2262 to discuss your premises liability case, or fill in our contact form here.
Any injury caused by the negligence of a landlord, property owner, or building management company, can result in a bona fide premise liability case.
If you suffered an injury on a property, and are unsure whether the property owner is liable for that injury, we would recommend contacting us for a free consultation.
But here are some of the most common types of premises liability cases that we see. Again, this isn’t a complete list, contact us if you think you might have a case. We’re here to help.
Falls are the most common premises related accidents in New York. In fact, according to data from NYC Department of Health, unintentional falls are the leading cause of injury related hospitalizations in all age groups, with the exception of the 15-24 age bracket (source).
And in 2018-2019, around 1 in 50 New Yorkers visited the Emergency Department after suffering a fall (2,006 per 100,000 - source).
Of course, falls can happen for many reasons. And not all falls will be caused by the negligence of others. But many are. And many could be prevented by property owners and landlords ensuring adequate (often simple) maintenance of their property and paying sufficient attention to potential hazards.
In our 4 decades representing personal injury clients in New York we’ve handled cases involving falls on wet floors (slip hazards), falls due to poor lighting (inadequate visibility), and falls caused by loose rugs and carpets (trip hazards). In the winter, snow and ice which is not properly cleared from walkways is a leading cause of falls.
If you suffered injury in a fall that could have been prevented with proper diligence and care by a property owner in New York, you have a valid premises liability claim.
Contact us today for a free consultation, or view our dedicated slip and fall accidents page for more information.
Struck by falling merchandise in a store? You have a premises liability case. Injured when a ceiling collapsed, or partially collapsed? You have a premises liability case. New York City classifies these events as structural emergencies or “struck-by-object” injuries, a category that consistently sits among the top three reasons people end up in the Emergency Room for unintentional injuries (source).
De Caro & Kaplen, LLP successfully secured a $3.45M settlement for a client who sustained a brain bleed after being thrown to the ground and striking his head following being struck by a dangerous and poorly maintained wooden gate surrounding a dumpster, which flew open striking him in the back.
Ceiling collapses are often caused by property owners ignoring leaks, or long-term structural neglect. The New York City Department of Buildings (DOB) responds to dozens of such emergencies every year (source). Retail chains that stack boxes “sky-high” over aisles should be aware that the load can shift and objects can fall onto customers.
Some examples of the types of cases we’ve seen over our 43 years in personal injury law:
Bottom line:
Property owners and landlords have a responsibility to ensure their property is safe and well maintained, conduct risk assessments for hazards (i.e. overstocked shelves, falling debris), and to act on any potential safety issues. If they don’t, and you suffer injury as a result, you have a right to compensation.
Elevator injuries are on the rise in New York.
The most recently published statistics from the NYC Department of Buildings reported that elevator injuries in New York had doubled in the two year period between 2021 and 2023 (source).
Common causes of elevator and escalator injuries include:
Children and older adults are statistically the most vulnerable riders.
Elevators and escalators can be dangerous. They’re complex machinery requiring careful inspection and maintenance .
Landlords and elevator companies in New York have strict responsibilities. They must:
If you were injured because an owner failed to meet these responsibilities you have a valid premises liability case.
Thanks to NYC’s window-guard law, child falls have dropped by more than 90 % since the 1970s. The window-guard law is a legal responsibility for landlords to install window-guards if you live in a building that has at least 3 apartments, and have a child under 11 living in your apartment.
But tragedies still happen. In 2024 there were 9 window-fall accidents in NYC involving children 10 or under, and in 2023 there were also 9 incidents, which tragically resulted in 2 fatalities .
Three of the accidents in 2024 were caused by improperly installed window-guards, while one was caused by an improper window air conditioning unit installation.
In a 2025 report on window safety in New York (which included the statistics above), Acting Housing Preservation and Development Commissioner Ahmed Tigani said:
Landlords have a legal responsibility to ensure windows are safe. If they do not meet these responsibilities, and an injury occurs, you have a premises liability case.
Most individuals injured on construction sites are workers. But falling tools, debris, or unsecured fencing frequently injure pedestrians in New York.
owners and contractors have a responsibility to keep the sidewalks adjacent to their construction site safe for pedestrians. owe a non-delegable duty to keep both workers and the public safe.
If you were struck by a scaffold plank, falling debris, or tripped on rubble spilling onto the sidewalk, you can pursue damages from those responsible for the construction site.
If you are a construction site worker, the site owner and general contractor have an obligation to provide you with a safe work site and safe working conditions under New York Lawbor Laws 200, 240 and 241.
Contact us for a free consultation, or view our dedicated construction site accidents page for more information.
The law requires property owners and property managers to take reasonable security precautions to prevent “foreseeable” criminal acts on their premises.
In 2022 the NYPD recorded 15,731 burglaries and 26,039 felony assaults New York city-wide (source). Patterns of break-ins, assaults in dimly lit hallways, or forced-entry robberies should be a clear sign to property owners and landlords that stronger locks, lighting, cameras, or on-site security are needed.
It is their responsibility to ensure their property is safe.
In short, if inadequate security was a significant factor in the crime that caused you injury, the owner may be responsible for your injuries.
Electrical problems are now the leading cause of fatal fires in NYC, according to the FDNY (source).
Electrical problems are now the leading cause of fatal fires in NYC, according to the FDNY (source).
In 2024 the city suffered 78 fire deaths, down from 104 in 2023, but 6 of those 78 fatalities traced directly to exploding lithium-ion batteries used in e-bikes and scooters (source).
Common negligence scenarios include:
When a landlord ignores repeated complaints of flickering lights, tripped breakers, or smoking outlets, and a fire injures a resident, they can be held liable.
Ready to arrange your free consultation?
Contact our attorneys on (212) 732-2262 to discuss your premises liability case, or fill in our contact form here.
In preparing your premises liability claim, the premises liability attorneys at De Caro & Kaplen, LLP will:
Attorneys Shana De Caro and Michael Kaplen, the partners at De Caro & Kaplen, LLP, have been fighting for the rights of personal injury and premises liability victims since 1980. That’s why our firm is so successful in winning favorable settlements and verdicts for our clients.
We deliberately keep our caseload manageable in order to take exceptional care of our clients. You’ll always be able to reach Shana or Michael if you have a question or concern, even if it’s late at night. They’re not just negligence attorneys—they’re dedicated advocates who want to see justice served, no matter what it takes.
It costs you nothing up front to hire De Caro & Kaplen, LLP to represent you. We only collect a fee if we’re able to recover damages on your behalf. That means you don’t have to be concerned with out-of-pocket legal expenses.
Our personal injury attorneys can accept premises liability cases throughout the entire State of New York, including New York City, the Bronx, Brooklyn, Manhattan, Staten Island and Queens. We also serve Nassau and Suffolk, Rockland, Westchester Counties, Albany, Buffalo, Rochester and Syracuse and surrounding areas.
New York law limits the amount of time you have to file a premises liability lawsuit
Most premises-injury suits must be filed within three years, but claims involving a city or state entity have extra notice hurdles that shrink the window to as little as 90 days. Missing these deadlines almost always bars recovery, so contact our attorneys as early as possible after an accident.
Your recovery starts with one conversation, directly with Shana De Caro or Michael Kaplen.
Why act today?
Deadlines matter. Some claims require a notice within 90 days.
Don’t let evidence disappear or deadlines expire. Reach out now, and let’s start building the strongest claim possible, together.
If you would like to contact us using our form, please fill out the information below: