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Premises Liabilty

For over 4 decades, New Yorkers have been trusting our partners Shana De Caro & Michael Kaplen with their premises liability case. Whether you were injured in a slip-and-fall accident, struck by an object in a store, or hurt on a construction site, find out how De Caro & Kaplen, LLP can help you get the justice and compensation you deserve.
Decades of experience
We've been holding negligent property owners, landlords, and managers in NYC to account for over 43 years.
Proven results
Multi-million dollar verdicts and settlements for our premises liability clients.
Trusted by our clients
⭐⭐⭐⭐⭐
Our firm has a 4.9/5 rating on Google business, aggregated from over 150 client reviews.
Office in the heart of NYC
We are based in Manhattan, and serve the entire State of New York including New York City, the Bronx, Brooklyn, Manhattan, Staten Island and Queens.

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.

You Have a Right to Safety; If a Landlord, Property Owner, or Building Management Is Negligent, We’ll Hold Them Responsible

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:

  • Falling ceilings resulting from ignored leaks
  • Faulty electrical connections
  • Lack of window guards in upper-floor windows
  • Elevator accidents resulting from faulty equipment
  • Failure to remove liquids or debris from a floor
  • Faulty building security
  • Darkened stairwells
  • Merchandise stacked too high
  • Ripped or torn carpeting
  • Improper snow and ice removal
  • Assaults
  • Carbon Monoxide poisoning
  • …and many other hazardous scenarios.

Our Partners Have Decades of Experience in Personal Injury Law

Shana De Caro & Michael V. Kaplen

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.

  • We are preferred attorneys of The Brain Injury Association of America (link)
  • Michael is a professorial lecturer at law, teaching a course in brain injury law at the George Washington University Law School (link)
  • Shana De Caro served two terms as Chairwoman of The Brain Injury Association of America (link)
  • Michael served two terms as Chair of the New York State Traumatic Brain Injury Services Coordinating Council (link)
  • Both Shana and Michael have been selected as New York Super Lawyers (link, link)
  • Michael is past chair of the premise liability section of the American Association for Justice

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.

Do I Have a Premises Liability Case? (Types of Premises Liability)

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.

Slip, Trip, and Fall Accidents (Wet Floors, Poor Lighting, Carpets, Snow/Ice)

"Falls are often preventable when proper safety measures are taken around homes, buildings, and other properties . Simple steps - such as ensuring adequate lighting, promptly addressing wet floors, and removing ice and snow – can significantly reduce or eliminate the risks of serious tripping hazards and falls. Landlords, property managers, and owners have a responsibility to create environments where visitors are protected from preventable hazards. When these duties are overlooked, accidents can and do happen. If you have experienced a fall due to unsafe conditions, we are here to answer your questions and help you understand your rights."
Shana De Caro
Shana De Caro, senior partner and personal injury attorney at De Caro & Kaplen, LLP

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.

Falling Objects and Structural Hazards (Ceiling Collapses, Falling Merchandise, Unsafe Structures)

michael kaplen
"Falling objects, and structural hazards pose a significant risk of serious and sometimes fatal injuries. Property owners, contractors, landlords, and businesses have a responsibility to maintain safe environments by securing tools, materials, merchandise, and debris. Proper precautions are essential to protect pedestrians, construction workers, and customers from preventable harm. When these safety standards are not met, accidents can occur with devastating consequences. If you have been injured due to unsafe conditions, understanding your legal options can be an important step toward recovery."
Michael V. Kaplen
Michael Kaplen, senior partner and personal injury attorney at De Caro & Kaplen, LLP

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:

  • Ceiling panels soaked through by unrepaired roof leaks
  • Poorly secured merchandise that toppled onto customers
  • Bricks or other pieces of building structures that detached and struck pedestrians on the sidewalk

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 and Escalator Accidents (Equipment Failures)

"The alarming rise in injuries caused by malfunctioning elevators and escalators highlights the need for diligent safety practices. Building owners, management companies, and maintenance providers have a duty to conduct regular inspections and perform necessary repairs to prevent hazards such as door malfunctions, sudden stops, mis-leveling, and exposure to open shafts. When safety is compromised, the consequences can be devastating. Protecting the public should always come before cutting costs, and when preventable injuries occur, those responsible may be held accountable. If you or a loved one has been harmed due to unsafe conditions, understanding your legal rights is an important first step."
Shana De Caro
Shana De Caro, senior partner and personal injury attorney at De Caro & Kaplen, LLP

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:

  • Doors that rapidly close
  • Sudden drops caused by brake failure
  • Elevator mis leveling
  • Passengers slipping on the moving steps (escalators)

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:

  • conduct routine inspections,
  • attend to any required repairs promptly,
  • and immediately shut down unsafe elevators or escalators while repairs are undertaken.

If you were injured because an owner failed to meet these responsibilities you have a valid premises liability case.

Window Falls (Lack of Window Guards)

michael kaplen
"Landlords and property owners have a responsibility to install and properly maintain window guards in apartments, hallways, and other areas where children live or frequently visit. These safety measures are critical in preventing serious – often fatal- injuries from window falls, which is why they are mandated by law. With appropriate care and attention, property owners can help ensure that innocent children are protected in environments where they live and play. When these important safeguards are neglected, the risks can be severe."
Michael V. Kaplen
Michael Kaplen, senior partner and personal injury attorney at De Caro & Kaplen, LLP

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:

"Each year, we see preventable tragedies caused by missing or improperly installed window guards. It’s our job to make sure every property owner understands their responsibility and every parent knows their rights"
Ahmed Tigani
Acting Housing Preservation and Development Commissioner

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.

Construction Site Accidents

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.

Negligent Security

"Adequate security is essential to protecting occupants and visitors from potential harm. Faulty or inadequate locks, poor lighting, lack or malfunctioning security cameras, and the absence of properly trained on-site security personnel can significantly increase the risk of injury due to criminal activity. Landlords, building owners, and property managers have a responsibility to implement and maintain reasonable and proper security measures. When these protections are overlooked, serious consequences can follow. Understanding your rights is an important step if you or someone you know has been harmed due to insufficient property security."
Shana De Caro
Shana De Caro, senior partner and personal injury attorney at De Caro & Kaplen, LLP

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.

Contact us today for a free consultation.

Electric & Lithium-Ion Battery Fires

michael kaplen
"Electrical fire safety is essential to protecting tenants, visitors, and those frequenting commercial buildings. Property owners and managers are responsible for preventing hazards such as overloaded circuits, damaged electrical cords, improper battery storage, and faulty electrical work performed by unqualified individuals. Additionally, installing and maintaining functioning smoke alarms is a critical step in reducing the risk of serious injuries. When these safety measures are neglected, the consequences can be severe. Staying informed and ensuring accountability are key to creating safer environments for everyone."
Michael V. Kaplen
Michael Kaplen, senior partner and personal injury attorney at De Caro & Kaplen, LLP

Electrical problems are now the leading cause of fatal fires in NYC, according to the FDNY (source).

"Electrical issues are the top cause of fires in the city, and we urge the public to pay attention to our messaging here. Prevention is the best line of defense, and electrical safety must be taken seriously."
Robert S. Tucker
FDNY Commissioner

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:

  • Outdated or overloaded wiring that sparks a blaze
  • Failure to install or maintain smoke alarms, carbon monoxide detectors, and sprinklers (code violations)
  • Allowing tenants or employees to store or charge e-bike batteries indoors

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.

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.

We’ve Been Standing Up for Innocent Victims in New York for Over 43 Years

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.

No Out-of-Pocket Costs to Worry About

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.

Areas We Cover

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.

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.

We’re Ready To Help You Get The Justice and Compensation You Deserve

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.

  • 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.
"If you don’t know whether you have a case, call us. We’ll tell you, free of charge, and we’ll fight tirelessly on your behalf to ensure you receive the justice and compensation you deserve."
Shana De Caro
Shana De Caro, senior partner and personal injury attorney at De Caro & Kaplen, LLP

Don’t let evidence disappear or deadlines expire. Reach out now, and let’s start building the strongest claim possible, together.

Call Toll-Free Today at 1 (866) 272-4652

shana de caro & michael v. kaplen
Don’t wait another day to pursue justice for yourself and your family. Contact De Caro & Kaplen, LLP today to discuss your legal right to obtain compensation.

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(212) 732-2262
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De Caro & Kaplen, LLP
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Areas We Serve

We are based in Manhattan, and serve 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.

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