Premises liability in Queens
Property owners in New York owe people who come onto their property a duty of reasonable care. Premises liability is the broader body of law that duty sits in, and it reaches well beyond a fall on a wet floor.
It covers unsafe stairways and broken handrails, inadequate lighting, defective elevators, falling ceiling material and building debris, and unsafe conditions in the common areas of apartment buildings.
If your injury was specifically a slip, trip or fall, our Queens slip and fall page deals with that in more detail.
Notice is usually the fight
These cases generally turn on notice. To hold a property owner responsible, it usually must be shown either that the owner created the dangerous condition, or that the owner knew about it, or that the condition existed long enough that the owner should have discovered and corrected it.
Evidence gathered early is what settles that: photographs, incident reports, prior complaints from other residents, violation histories, maintenance and repair records, and surveillance footage that many buildings overwrite within days or weeks.
Who the claim is against
The owner is not always the only answer. A managing agent, a maintenance contractor, or a commercial tenant responsible for its own space can each have a role. Where a New York City Housing Authority building is involved, different notice rules apply and they are much shorter.
Deadlines
Three years generally applies under CPLR 214. If the claim is against the City of New York, a public authority, or a housing authority, a notice of claim generally must be served within 90 days under General Municipal Law section 50-e, and missing it can end the claim before it begins.
Frequently asked questions
What counts as a premises liability claim?
Claims arising from an unsafe condition on someone else's property, including stairways, lighting, elevators, falling material and common areas, as well as slips, trips and falls.
What does notice mean in these cases?
That the owner created the condition, knew about it, or that it existed long enough that the owner should have found and fixed it. Establishing which one applies is usually the central issue.
What if it happened in a NYCHA building?
Claims against a housing authority carry a notice of claim requirement, generally within 90 days under General Municipal Law section 50-e, well before the ordinary three-year deadline.
