The Sanders Law Firm and New York Premises Liability Cases
For over 50 years, attorneys at The Sanders Law Firm have been representing injured New Yorkers. We combine courtroom capability with a deeply human-centered approach. Standing beside our clients as protectors, we use our relentless New York City grit to demand the compensation they deserve.
Here’s why New Yorkers continue to choose our attorneys after being injured on another person’s property:
- Accessibility: Our multilingual staff is available to assist after an injury, in languages including Spanish, Russian, and French.
- Proven results: Our team has recovered billions of dollars in settlements and verdicts, reflecting our dedication to justice.
- Litigation-driven: We prepare your claim for trial, giving us leverage at the negotiation table because insurers know we’re ready to go the distance.
- Extensive resources: We work with in-house medical consultants and skilled investigators to build strong cases.
- Clear communication: Our clients are informed and empowered through every step and never have to chase us for an update.
What Is Premises Liability?
Premises liability is a legal doctrine that holds property owners, landlords, and occupiers responsible for injuries that happen on their property. Under New York law, anyone who owns, leases, or controls a property has a legal duty to maintain a reasonably safe environment for visitors.
If a property owner fails to fix a dangerous condition or fails to warn visitors about a hazard, they can be held legally and financially liable for resulting accidents. Liability depends on whether the owner knew or reasonably should have known about the unsafe condition before the injury occurred.
We Have Your Back
Founded in 1967, The Sanders Law Firm has grown into a large, thriving organization of attorneys, paralegals, medical consultants, and support staff – all committed to providing the highest level of legal representation to injured New Yorkers.
Your Legal Rights Under New York Premises Liability Law
Property owners and occupiers have a duty of care to protect visitors. It’s possible to hold an owner or occupier liable for negligence if they fail to maintain a safe environment, warn of hidden hazards, or provide adequate security.
Under this legal framework, your key rights include:
- Safe premises: The right to enter a reasonably safe property as a visitor
- Legal action: The right to sue a negligent owner or occupier directly
- Compensatory damages: The right to recover compensation for your financial losses and suffering
- Punitive damages: In cases of willful or reckless misconduct, the right to seek additional financial punishment against negligent property owners
- Filing timeline: The right to a reasonable time to file, giving you three years from the accident date to launch a lawsuit
Common Accidents and Injuries in Premises Liability Claims
Property owner negligence can lead to a wide range of accidents, each carrying unique medical and legal complexities. Depending on the situation and the unsafe conditions, common injuries include:
- Falls: Tripping or slipping and falling on icy sidewalks or wet floors, causing severe fractures or traumatic brain injuries (TBIs)
- Inadequate security: Possible assaults in poorly lit or unattended areas that can lead to physical and emotional trauma
- Falling objects: Unsecured products or items dropping from shelves, causing skull fractures, concussions, or permanent nerve damage.
- Water hazards: Unfenced pools, leading to accidental drowning or severe brain damage
- Defective stairs: Broken handrails or rotting steps collapsing, often linked to dislocated joints, torn ligaments, or spinal injuries
- Animal attacks: Dog and other animal bites, causing severe scarring or infections
- Negligent maintenance: Structural failures leading to falls or crush injuries
- Escalator or elevator failures: Sudden drops or misaligned steps, leading to amputations, severe crushing, or fatal falls
What Damages Can You Recover in a Premises Liability Case?
When a property owner or occupier’s failure to use reasonable care leads to your injuries, you may be entitled to compensation for all the ways your life has been impacted. Damages can include both economic and non-economic damages.
Economic Damages
Economic damages are the measurable financial losses caused by the accident and your injuries, such as:
- Current and future medical bills
- Surgical costs
- Physical therapy or rehabilitation
- Lost wages
- Loss of future earning capacity
- Medical equipment and home modifications
- Transportation costs for treatment
Non-Economic Damages
Non-economic damages are the intangible or subjective ways you’ve suffered from your injuries. Examples include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement or permanent scarring
- Post-traumatic stress disorder (PTSD) from the incident
How to Prove Premises Liability
To bring a successful premises liability case, you must establish these four core elements of negligence:
- Duty: The property owner owed you a legal duty of care to maintain a safe premises.
- Breach: The owner breached that duty by neglecting a property hazard.
- Causation: You were injured as a direct result of that breach.
- Damages: You suffered actual financial or physical harm.
The burden of proof rests on you and your legal team to prove these elements by a preponderance of the evidence, meaning your claim is more likely true than not. A favorable outcome depends heavily on the discovery phase to collect vital evidence, including maintenance logs, security records, prior tenant complaints, and property inspection reports.
How The Sanders Law Firm Can Help With Your Premises Liability Claim
Our premises liability team, including our slip and fall attorneys in New York, can handle your claim from start to finish. This includes:
- Free consultation: We offer free case reviews to go over the details of what happened and discuss how we might help.
- Investigation: Our team quickly secures critical surveillance footage, witness statements, and property safety logs.
- Building your case: We compile medical records and expert testimony to prove the property owner’s negligence.
- Negotiations: Our lawyers aggressively counter lowball settlement offers to maximize your recovery.
- Trial-ready approach: We don’t hesitate to push cases forward when necessary, preparing every case for court from day one.
- Contingency representation: There are no upfront costs to hire us, and you pay us nothing unless we win your case.
Statute of Limitations for Queens Premises Liability
In New York, you generally have three years from the date you were injured to file a premises liability lawsuit. Missing this strict deadline means losing your right to recover compensation forever. The clock starts immediately when the accident occurs, not when your injuries are discovered.
However, there are some exceptions to this three-year deadline. If your injury involves a government, municipal, or city entity, such as a Queens public park, sidewalk, or transit property, you must file a formal Notice of Claim within 90 days. Speak with an experienced attorney right away to help you manage legal deadlines and gather crucial evidence before it’s lost.
Premises Liability Claims FAQs
Is the Property Owner’s Insurance Company Going To Pay?
If you can prove the property owner’s negligence caused your injuries, their liability insurance typically pays for medical bills, lost wages, and pain and suffering through a settlement or court award. However, insurers may try to deny or minimize payouts. A dedicated lawyer can help you secure the full compensation you deserve.
How Long Will a Premises Liability Case Take?
A New York premises liability case can take anywhere from several months to a few years to resolve, depending on the complexity of the accident, the length of your medical treatment, and whether the insurance company agrees to a fair settlement or forces the case to trial.
What if the Property Owner Wasn’t Negligent?
If the property owner was not negligent, you cannot hold them legally responsible, meaning their insurance company will not pay for your damages. However, a Queens trip and fall lawyer or other premises liability attorney can still investigate your accident, as property owners may try to hide safety violations or overlook hazards that legally constitute negligence.
Contact The Sanders Law Firm for Your Free Consultation
Your city. Your case. Our fight. When you need a trusted premises liability attorney in Queens, The Sanders Law Firm is ready to stand by your side and handle the legal legwork on your behalf. Get started with a free consultation by calling (833) SANDERS or contacting us online. We’re available 24/7 to answer your questions and guide you on your next steps.