Injured Because a Property Owner Failed to Keep You Safe?


Property owners throughout New York have a legal responsibility to maintain reasonably safe conditions for visitors, tenants, customers, and others lawfully on their property. When hazardous conditions are ignored or dangerous situations are allowed to continue, serious injuries can occur.

Our New York premises liability attorneys represent individuals who have been injured because a property owner, business, landlord, management company, or other responsible party failed to exercise reasonable care. We investigate the circumstances of every accident, preserve evidence, and pursue compensation for medical expenses, lost wages, pain and suffering, and other damages allowed under New York law.

If you or someone you love has suffered injuries on another person's property, we are available to discuss your legal options during a free consultation.

What Is Premises Liability?

Premises liability is an area of personal injury law involving injuries caused by unsafe or dangerous property conditions. A property owner or party responsible for maintaining a property may be legally responsible when they knew or reasonably should have known about a dangerous condition and failed to correct it or provide adequate warning.

These case may Involve:

  • Retail stores
  • Apartment complexes
  • Restaurants
  • Hotels
  • Office buildings 
  • Shopping centers
  • Parking garages
  • Sidewalks
  • Schools
  • Nursing facilities
  • Construction sites
  • Private residences

Every case depends on its unique facts, including the condition of the property, who controlled the premises, and whether reasonable steps were taken to prevent foreseeable harm.

Common Types of Premises Liability Cases

Our firm handles many different types of unsafe property claims throughout New York, including:

  • Slip and Fall Accidents: Wet floors, uneven sidewalks, broken stairs, icy walkways, poor maintenance, and inadequate warning signs can all contribute to serious injuries.
  • Dog Bite Injuries: Dog owners may be responsible when their animal causes injuries under circumstances recognized by New York law. Common injuries include: Facial injuries, Permanent scarring, Nerve damage, Infection, Psychological trauma
  • Negligent Security: Property owners may be responsible when inadequate security contributes to criminal assaults.Examples include:Broken security gates, Poor lighting, Non-functioning security cameras, Lack of security personnel, Broken locks, Apartment building assaults
  • Lead Paint Exposure: Children exposed to deteriorating lead-based paint may suffer lifelong health complications. Potential claims may involve:Landlords, Property management companies, Building owners
  • Playground and School Injuries: Unsafe playground equipment, inadequate supervision, defective recreational equipment, and dangerous school property conditions may lead to significant injuries.
  • Falling Objects: Merchandise, construction materials, shelving, or unsecured objects can cause traumatic injuries.
  • Swimming Pool Accidents: Improper maintenance, lack of barriers, defective equipment, or inadequate supervision may create dangerous conditions.
  • Elevator and Escalator Accidents: Poor maintenance or mechanical failures can result in catastrophic injuries.

Understanding Comparative Negligence in New York

New York limits wrongful death recovery to pecuniary (financial) losses the measurable economic impact the death has had on surviving family members. There is no statutory cap on these damages. Depending on the circumstances, recoverable damages may include: New York follows a pure comparative negligence rule.

This means that even if an injured person is found partially responsible for an accident, they may still be able to recover compensation. However, any recovery may be reduced by the percentage of fault assigned to them.

For example, if someone is awarded damages but is determined to be partially responsible for the accident, the total recovery may be reduced proportionately.

Because comparative negligence can significantly affect a claim, it is important to preserve evidence, identify witnesses, and document unsafe conditions as early as possible.

What Must Be Proven?

Successful premises liability claims generally require evidence showing:

  • A dangerous condition existed
  • The property owner owed a legal duty of care
  • The owner knew or should have known about the hazard
  • Reasonable action was not taken to repair or warn about the danger
  • The unsafe condition caused the injuries
  • The injured person suffered damages

Evidence often includes: Incident reports, Surveillance footage, Maintenance records, Inspection reports, Medical records, Expert opinions, Witness statements, Photographs

Common Injuries

Unsafe property conditions may lead to: Traumatic brain injuries, Concussions, Broken bones, Hip fractures, Neck injuries, Back injuries, Spinal cord injuries, Internal injuries, Lacerations, Permanent disability

Some injuries may require surgery, rehabilitation, long-term medical treatment, or ongoing care.

Compensation Available

Every case is different.

Depending on the circumstances, compensation may include:. Medical expenses, Future medical care, Lost income, Reduced earning capacity, Physical pain, Emotional suffering, Rehabilitation expenses, Permanent impairment, Wrongful death damages where applicable

No attorney can guarantee a particular outcome.

Why Acting Quickly Matters

Evidence can disappear quickly after an accident.

Important evidence may include: Security video, Maintenance logs, Cleaning schedules, Inspection reports, Witness testimony, Photographs of dangerous conditions

Prompt legal investigation may help preserve important evidence before it is lost.


Our Approach to Premises Liability Cases

Our legal team carefully evaluates each claim by:

  • Investigating the accident scene
  • Identifying responsible parties
  • Reviewing maintenance records
  • Consulting qualified experts when appropriate
  • Calculating damages
  • Negotiating with insurance companies
  • Preparing cases for trial when necessary 

Every client receives individualized attention based on the facts of their case.

Results Matter

Our firm has recovered significant compensation for injured clients, including:

$2 Million Recovery

Obtained for a client injured due to dangerous property conditions.

Past results do not guarantee future outcomes. Every case is different.

Serving Clients Throughout New York

We represent injured individuals throughout New York, including:

New York City, Brooklyn, Queens, Bronx, Staten Island, Long Island, Westchester County, Nassau County, Suffolk County

We also assist clients in surrounding communities throughout the state.

Schedule a Free Consultation

If you were injured because of unsafe property conditions, you may have legal options. Our premises liability attorneys can evaluate your situation, explain your rights, and discuss the next steps during a free consultation.

Call today or contact us online to speak with our legal team.

Why Choose Chiariello & Chiariello


  • Serving the Community for Over 50 Years
    Our firm has helped Nassau county residents with their legal matters for more than five decades.
  • Honest Legal Counsel
    At Chiariello & Chiariello, we pride ourselves on integrity and providing clients with straightforward advice.
  • Family-Owned Law Office
    Our firm has been in the family for over 50 years and we look to treat all of our clients as part of our family.
  • Small Firm Attention, Big Firm Results
    Our attorneys pursue maximum compensation for our clients while providing them with highly personalized attention throughout the entire process.

Standing By You Every Step of the Way


If you are experiencing hardship in your life due to another’s negligence, working with a skilled and knowledgeable legal team can make all the difference in improving your situation and helping you get your life back on track.

Start with a Free Consultation

Frequently Asked Questions

Premises liability involves injuries caused by dangerous property conditions when a property owner or responsible party may have failed to maintain reasonably safe premises or provide adequate warning of hazards.

The time limit depends on several factors, including who owned the property and the circumstances of the accident. Because deadlines vary, speaking with an attorney promptly can help protect your legal rights.

Possibly. New York follows a pure comparative negligence rule, meaning compensation may still be available even if you share some responsibility for the accident.

Helpful evidence may include photographs, surveillance video, witness statements, maintenance records, inspection reports, medical documentation, and expert opinions.

Every claim is unique. The value depends on factors such as the severity of injuries, medical expenses, lost income, future treatment needs, and how the accident affected your life.

No. Many claims are resolved through settlement negotiations, although some cases require litigation if a fair resolution cannot be reached.

Client Reviews

Every Case Matters To Us


"They demonstrated commitment to my case, which allowed me to trust that he was advocating for my best interests."

- Liz, Former Client

"Treated like family. Passionate, caring, honest and professional. Always kept in contact with us through every step for 2 years. Amazing lawyers, who now we call friends!"

- Jackie, Former Client

"I went to them when I was turned away from a big firm who didn’t want to help me. This firm won my case and got me a settlement that surpassed my expectations!"

- Peter, Former Client

At Chiariello & Chiariello, You're Family

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