New York Premises Liability Lawyers
Why Choose De Caro & Kaplen for Your Premises Liability Case in New York
- Knowledge Of New York statutes: De Caro & Kaplen partners Shana De Caro and Michael V. Kaplen have deep familiarity with New York statutes, including Labor Law Sections 200, 240, and 241, and the Multiple Dwelling Law
- Direct Partner Representation: Every case is personally handled from start to finish by senior partners Shana De Caro and Michael Kaplen, who each have over 45 years of experience prosecuting premises liability cases
- Verified Success: Our firm has a 45 year track record of multi-million dollar verdicts and settlements for our premises liability clients, including a $3.45M recovery for an individual who was struck by a broken wooden gate outside their New York hotel and a $1.5M settlement for our client who suffered multiple injuries after tripping and falling on a dangerously uneven walkway outside her apartment building.
- NY Specific Regulations: Our partners are familiar with New York-specific regulations, including NYC window-guard laws, Labor Law safety mandates, and building code compliance.
- Municipal Claim Expertise: Our partners are experienced in handling lawsuits against the City of New York, with strict adherence to 90-day Notice of Claim deadlines and Comptroller hearings.
- Contingency Basis: We operate on a 'No Win - No Fee' basis, advancing all litigation costs with zero upfront fees or out-of-pocket expenses for our clients.
A History of Multi-Million Dollars Verdicts & Settlements in Premises Liability Cases
De Caro & Kaplen has a history of substantial verdicts and settlements for our New York premises liability clients. Recent cases which resulted in successful recovery include:
- $3,450,000 settlement for a client who was struck by a broken wooden gate in the parking lot outside their hotel, which knocked him into the pavement and caused serious injury.
- $1,000,000 settlement for a chef who slipped on a wet kitchen floor that lacked proper matting and safe maintenance [case study]
- $900,000 settlement for an office worker who fell on a defective stairway suffering back and neck injuries [case study]
Our Credentials, Recognition & Track Record in Premises Liability Cases
- Board-Certified Trial Advocacy: Michael V. Kaplen holds board certifications in Civil Trial Law, Medical Malpractice, and Civil Pretrial Practice Advocacy from the National Board of Trial Advocacy, ensuring elite courtroom representation.
- Traumatic Brain Injury Expertise: Our firm is nationally recognized for our expertise in personal injury cases involving traumatic brain injury (TBI) and concussions. Firm partner Shana De Caro served two-terms as Chairwoman of The Brain Injury Association of America.
- Leadership Roles: Our partners serve on the Board of Directors for the New York State Academy of Trial Lawyers and have chaired the American Association for Justice (AAJ) Premises Liability Section.
- Maximum Recovery: Our firm retains medical professionals, life care planners, and technical investigators to establish liability and quantify long-term damages.
- Elite Peer Ratings: Partners Michael V. Kaplen and Shana De Caro are multi-year New York Super Lawyers.
What Types Of Premises Liability Cases Can We Assist With?
De Caro & Kaplen has successfully represented clients in premises liability cases involving:
- Slip, Trip, and Fall Accidents (Wet Floors, Poor Lighting, Carpets, Snow/Ice)
- Falling Objects and Structural Hazards (Ceiling Collapses, Falling Merchandise, Unsafe Structures)
- Elevator and Escalator Accidents (Equipment Failures)
- Window Falls (Lack of Window Guards)
- Construction Site Accidents
- Negligent Security
- Electric & Lithium-Ion Battery Fires
Read more: Do I have a premises liability case?
Client Reviews and Testimonials
De Caro & Kaplen LLP has a 4.9 star rating on Google reviews, aggregated from over 175 client reviews. Below are a selection of reviews from our clients.
Review by our client Allison Sansoucie
"My family needed help with a complicated personal injury case. I was fortunate to be referred to De Caro & Kaplen. Outstanding attorneys! Michael and Shana are reliable, intelligent, and dedicated advocates. There were a number of times I had specific concerns about the case and Michael was always steps ahead. The attention paid to details was truly remarkable. Shana and Michael always responded quickly to every call and email. Their assistant, Andy was consistently patient, kind, and helpful. They provided seamless referrals to rehabilitation facilities and elder care experts as needed. Shana and Michael consistently went above and beyond in countless ways throughout 2 1/2 years to ensure the most favorable outcome for my family. De Caro & Kaplen navigated each and every aspect of the lawsuit and mediation with professionalism and integrity. Incredible given the many delays due to COVID. I highly recommend De Caro & Kaplen."
Review by our client April Bulger
"After my first meeting with Michael Kaplen I knew I was in the right hands. He and his team are amazing. I would recommend them to anyone in need of an attorney that will get the job done while giving their clients a piece of mind. Complete honesty and candor each step of the process which I respect."
Review by our client Christina Bentham
"Fantastic experience! Accepted to pursue my case with many challenges. Michael Kaplen never gave up, even when posed with a vicious defense attorney. He was always one step ahead of the attorney and beat her at ever turn. When I called, emailed, or texted, Mr. Kaplen responded personally. The customer service was terrific and I always felt their entire team was attentive to every concern I had. I highly recommend the DeCaro/Kaplen team and thank them for everything they did for me!"
Free Consultation
With over 45 years experience in personal injury law, our partners Shana De Caro and Michael V. Kaplen help our clients get the justice and compensation they deserve. Our attorneys have the passion and persistence to take on any premises liability case in New York—and win.
Call today on (212) 732 2262 or email help@brainlaw.com to arrange your free consultation.
Our Partners, Shana De Caro and Michael V. Kaplen Handle Your Case From Start To Finish
When you hire De Caro & Kaplen, LLP for your premises liability case in New York our partners Shana De Caro and Michael V. Kaplen will personally handle your case from start to finish. Unlike some other prominent NYC firms, who will hand your case off to a paralegal, Shana and Michael, who each have over 45 years experience in personal injury and premises liability law, will personally work on your behalf to ensure you receive the justice and compensation you deserve, preparing every case as if it will go to trial.
Shana De Caro - Senior Partner and Personal Injury Attorney
- Over 45 years of experience specifically handling complex personal injury, brain injury, and premises liability litigation in New York.
- Multi-year New York Super Lawyer.
- A history of multi-million dollar verdicts and settlements for her premises liability clients.
- Served two terms as Chairwoman of The Brain Injury Association of America
- Served as member of the New York State Supreme Court medical malpractice review panels.
- Fellow of the American Bar Foundation and Litigation Counsel of America.
- Published in New York Law Journal, National Law Journal, Trial Magazine, Psychiatric Clinics of North America.
- Lecturer for the American Association for Justice, New York State Academy of Trial Lawyers, and North American Brain Injury Society.
- Recognized for advancing standards of practice in brain injury and medical negligence litigation.
Michael V. Kaplen - Senior Partner and Personal Injury Attorney
- Over 45 years of experience specifically handling complex personal injury, brain injury and premises liability litigation in New York.
- Past Chair of the Automobile, Highway & Premises Liability Section of the American Association For Justice
- Multi-year New York Super Lawyer.
- A history of multi-million dollar award settlements for his premises liability clients.
- Triple board-certified by the National Board of Trial Advocacy in: Civil Trial Law, Medical Malpractice, Civil Pretrial Practice Advocacy
- Professorial Lecturer in Law, The George Washington University Law School (“The Legal Aspects of Traumatic Brain Injury”)
- Taught courses in medical malpractice as well as trial practice techniques at St. John’s University School of Law.
- Served as President, Brain Injury Association of New York State.
- Consistently listed among the Top 100 New York Trial Lawyers and Top 25 Brain Injury Attorneys in the nation.
- Public Justice Achievement Award (for pro bono representation of September 11th victims)
How De Caro & Kaplen, LLP Prepare Your Premises Liability Claim
In preparing your premises liability claim, the premises liability attorneys at De Caro & Kaplen, LLP will:
- Carefully review all applicable building codes and city or town ordinances to determine whether the property owner or landlord complied with the law.
- Send experienced investigators to the scene to assess and document the unsafe condition.
- Use this information to prove your injury didn’t "just happen," but was caused by another person’s negligence.
- Work with medical professionals, life care consultants, and economic experts to help us understand the true impact of your injuries.
- Armed with this knowledge, we’re able to pursue a level of compensation that corresponds to your disability, the physical pain, and financial loss you’ve suffered.
- This process takes into account everything from your past, and current medical condition and needs, medical bills and lost wages to the necessity for future medical services and procedures.
Public Transportation
"Slips, Trips, and Falls" are the most frequent injury mechanism for both passengers and employees in the NYC transit network. NYC Transit recorded 187 passenger slip/trip/fall accidents in a single month (December 2023), showing the massive scale of this ongoing problem.
How Long Do You Have to Start a Premises Liability Action?
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.
Frequently Asked Questions
Is De Caro & Kaplen prepared to take my premises liability case to trial if necessary?
At De Caro & Kaplen, we prioritize trial readiness to ensure the best possible outcome for your case. Michael V. Kaplen is board certified as a Civil Trial Advocate, reflecting our commitment to high-level litigation. We do not just aim for settlements; we highlight our success in securing multi-million dollar verdicts in court. Our firm is fully prepared to represent your interests before a judge and jury, ensuring that your rights are vigorously defended throughout every stage of the legal process.
Does De Caro & Kaplen have experience with complex New York construction and building laws?
Yes, our attorneys are familiar with critical New York statutes that often govern premises liability and construction accident claims. We have extensive experience applying NY Labor Law Sections 200, 240(1), and 241(6) to our clients' cases. Furthermore, we are well-versed in the Multiple Dwelling Law. We frequently utilize these specific statutes in our case studies and legal articles to build strong, evidence-based arguments that hold property owners and contractors accountable for failing to maintain safe conditions.
How does De Caro & Kaplen handle defenses like comparative negligence or lack of notice in my case?
At De Caro & Kaplen, we are highly experienced in the common defenses used by property owners in New York slip and fall cases. We maintain a dedicated resource on these defenses, specifically addressing challenges related to lack of notice and comparative negligence. We understand how these legal arguments are used to minimize or deny liability, and we proactively develop strategies to counter them. By anticipating these tactics early, we work to build a robust case that protects your right to full compensation.
Can De Caro & Kaplen help me if my accident involved a municipal building or city property?
Yes, De Caro & Kaplen has over 45 years of experience representing clients in lawsuits against the City of New York and other municipal entities. We are intimately familiar with the strict procedural requirements involved in these claims, including the mandatory Notice of Claim process. Navigating municipal litigation requires specific expertise due to shortened filing deadlines and unique legal hurdles. Our partners are well-prepared to guide you through these complexities to ensure your claim against the city is handled correctly and effectively.
Does De Caro & Kaplen look for weaknesses in my case before we go to court?
Yes, at De Caro & Kaplen, we believe that a proactive approach is essential to success. We maintain a dedicated page on our website regarding common defenses, where we explicitly state that we anticipate tactics such as lack of notice and comparative negligence. By identifying these potential weaknesses early, we can address them head-on and build a more robust case on your behalf. Our goal is to ensure that we are fully prepared to overcome any obstacles the defense may present during the litigation process.
Are the attorneys at De Caro & Kaplen involved in New York legal leadership organizations?
Yes, our attorneys are deeply involved in the legal community. Shana De Caro serves on the Board of Directors of the New York State Academy of Trial Lawyers and has authored significant scholarly works in the field. Additionally, Michael V. Kaplen has held various leadership roles throughout his career. Their active participation in these organizations, including the NYSBA TICL Section, ensures that our firm remains at the forefront of legal developments and advocacy standards in New York, benefiting our clients with current and informed representation.
Is De Caro & Kaplen recognized by legal peers and professional organizations?
Yes, our attorneys are highly regarded by their peers in the legal community. Michael V. Kaplen is recognized as a New York Super Lawyer and is also honored by Best Lawyers of America. Shana De Caro also holds significant leadership positions within the legal profession. These recognitions reflect our firm's commitment to excellence, high ethical standards, and effective advocacy. When you work with De Caro & Kaplen, you are represented by attorneys who are respected by their colleagues and recognized for their professional achievements.
Start Your Premises Liability Case Today With a Free, No Obligation Consultation
Your recovery starts with one conversation, directly with Shana De Caro or Michael V. Kaplen.
Why act today?
Deadlines matter. Some claims require a notice within 90 days.
- No upfront cost – We’re paid only if we win for you.
- Personal attention – Your case is handled start-to-finish by our partners, not passed to a junior associate.
- Proven results – Multi-million-dollar recoveries for New Yorkers injured by negligent property owners.