Young man with arm sling and crutch after filing a premises liability claim in Brooklyn NY

Can You File a Personal Injury Claim If the Accident Happened on Someone Else's Property?

You were hurt on someone else’s property. Maybe you slipped on an icy stoop in Flatbush, tripped over a broken sidewalk tile in Bay Ridge, or fell in a poorly lit apartment hallway in Canarsie. Now you are wondering whether you have any legal rights. The answer is yes, and what you have is the right to file a premises liability claim in Brooklyn NY. Property owners have a legal duty to keep their spaces reasonably safe for visitors. When they fail to do that and someone gets hurt, they can be held financially responsible.

This blog breaks down exactly what premises liability means, which situations qualify, who can be held responsible, and what you need to do to protect your right to compensation.

What Is a Premises Liability Claim in Brooklyn NY?

Premises liability is the area of personal injury law that applies when someone is injured because of an unsafe or defective condition on another person’s or entity’s property. Under New York law, property owners, landlords, and businesses have a legal obligation to maintain their premises in a reasonably safe condition for anyone who is lawfully on the property.

A premises liability claim in Brooklyn NY can arise from a wide range of situations, including slip and fall accidents, falling objects, inadequate security, swimming pool accidents, and injuries on construction sites. The key element in every case is negligence. To succeed in a claim, you generally need to show that the property owner knew about the dangerous condition, or should have known about it, and failed to fix it or warn visitors.

According to New York Courts, property owners are held to a standard of reasonable care under the circumstances. That standard can vary depending on who you are as a visitor and what type of property is involved.

What Types of Accidents Fall Under Premises Liability?

Many different kinds of accidents can give rise to a premises liability claim. Some of the most common situations our attorneys handle in Brooklyn include:

  • Slip and fall accidents caused by wet floors, icy walkways, or spilled liquids that were not properly cleaned up
  • Trip and fall accidents from broken pavement, uneven flooring, damaged steps, or hidden obstacles
  • Falling objects in retail stores, warehouses, or construction zones where materials are improperly stored
  • Inadequate lighting in parking lots, stairwells, hallways, or building entryways that leads to falls or criminal attacks
  • Dog bites that occur on someone else’s residential or commercial property
  • Swimming pool accidents where pool owners failed to maintain proper fencing, lighting, or safety equipment
  • Elevator and escalator injuries caused by mechanical failures or improper maintenance in apartment buildings and commercial properties

If you are unsure whether your accident qualifies, speaking with an attorney is the fastest way to get a clear answer. You can learn more about how personal injury litigation works at Cherny & Podolsky before reaching out.

Who Can Be Held Responsible for a Premises Liability Claim?

One of the first questions people ask is: who exactly is responsible? In many cases the answer is not just the property owner. New York law recognizes that responsibility can extend to several parties depending on the circumstances.

Property Owners

Whether it is a private homeowner, a landlord, or a corporation that owns a building, the owner is typically the primary responsible party. They are legally required to inspect, maintain, and repair their property or warn visitors of known hazards.

Tenants and Businesses

If a business leases a commercial space and a customer is injured inside, the tenant business may share liability alongside the building owner. The lease agreement often determines who was responsible for maintaining specific areas.

Government Entities

Accidents on public sidewalks, parks, or government-owned properties involve different rules and shorter deadlines. In New York City, a Notice of Claim must typically be filed within 90 days of the accident before any lawsuit can proceed. This is a critical step that many injured people miss.

Property Management Companies

Many Brooklyn apartment buildings and commercial properties are managed by third-party companies. If the management company was responsible for maintenance and failed to act on a known hazard, they can also be named in a premises liability claim in Brooklyn NY.

What Does New York Law Say About Visitor Status?

Not everyone who gets hurt on someone else’s property has the same legal standing. New York law categorizes visitors into three groups, and the category you fall into can affect the strength of your claim.

Invitees are people who enter a property for a business purpose, such as customers at a store or clients at an office. Property owners owe invitees the highest duty of care.

Licensees are social guests or others who enter with permission. Property owners must warn licensees of known hazards that are not obvious.

Trespassers generally cannot bring a premises liability claim unless the property owner acted with intentional or reckless disregard for their safety. There is a major exception for children under the “attractive nuisance” doctrine, which applies to things like unfenced swimming pools or playground equipment that may draw children onto a property.

According to the New York State Legislature, the exact duty owed by a property owner is shaped by these categories along with the specific facts of each case.

What You Need to Prove to Win a Premises Liability Case

To succeed in a premises liability claim in Brooklyn NY, your attorney will need to establish four key elements:

1. The property owner owed you a duty of care. This is established by showing you were lawfully on the property as an invitee or licensee.

2. The property owner breached that duty. This means they failed to fix a dangerous condition they knew about or should have discovered through reasonable inspection.

3. The breach caused your injury. There must be a direct connection between the owner’s failure to act and the harm you suffered.

4. You suffered actual damages. Medical bills, lost wages, and pain and suffering are all forms of compensable damages in New York personal injury cases.

New York follows a comparative negligence rule, which means that even if you were partially at fault for your accident, you can still recover compensation. Your award would simply be reduced by your percentage of fault. You can read more about how comparative negligence works in our blog post on what comparative negligence means for your injury claim.

How Long Do You Have to File a Claim in New York?

In New York, the statute of limitations for a premises liability claim in Brooklyn NY is generally three years from the date of the accident. This means you have three years to file a lawsuit in civil court. However, there are important exceptions:

  • Claims against a government entity require a Notice of Claim filed within 90 days of the accident
  • Claims involving minors may have extended deadlines that run from the child’s 18th birthday
  • Medical treatment delays can sometimes affect when the clock starts in certain cases

Missing a deadline eliminates your right to compensation no matter how strong your case is. This is why speaking with an attorney as soon as possible after an accident matters. Learn more about working with a personal injury attorney in Brooklyn to understand your options before time runs out.

What Steps Should You Take After an Accident on Someone Else's Property?

What you do in the hours and days immediately after your accident can make or break your premises liability claim. Here is what you should do:

Seek medical attention immediately. Even if your injuries seem minor, seeing a doctor creates a medical record that connects your injuries to the accident. Delays in treatment are frequently used by insurance companies to argue the injuries are not serious or were not caused by the accident.

Report the accident. Notify the property owner, store manager, or landlord right away. Ask for a written incident report and keep a copy.

Document the scene. Take photographs of the hazard that caused your fall, the area around it, any warning signs that were or were not present, and your visible injuries.

Collect witness information. If anyone saw what happened, get their name and phone number before they leave.

Preserve your clothing and footwear. These items can serve as physical evidence in your case. Do not wash or discard them.

Do not give a recorded statement to the property owner’s insurance company. Insurance adjusters are trained to use your own words against you. Speak to an attorney first.

Frequently Asked Questions

Can I file a premises liability claim if I was a guest at someone's home?

Yes. Social guests who are invited onto private property have legal standing to file a claim if the property owner’s negligence caused their injury. Homeowner’s insurance typically covers these situations, which is often how compensation is paid.

This is one of the most common defenses in premises liability cases. Under New York’s comparative negligence rules, even if you were partly at fault for not noticing a hazard, you can still recover compensation. The final award is simply reduced by your share of fault. A premises liability claim in Brooklyn NY is still worth pursuing even if the defense raises this argument.

Temporary hazards can still support a valid claim. The question is whether the property owner or their staff knew about the condition, or whether enough time had passed that they should have discovered and cleaned it up. Supermarkets, restaurants, and retail stores are frequently sued over spills for exactly this reason.

Compensation depends on the severity of your injuries, your medical expenses, lost income, and the degree of the property owner’s negligence. Serious injuries involving surgery, long-term rehabilitation, or permanent disability typically result in significantly higher settlements. There is no fixed formula, which is why a case evaluation with an attorney matters.

You are not legally required to hire an attorney, but premises liability cases involve complex liability standards, insurance negotiations, and tight legal deadlines. Having experienced legal representation significantly improves your chances of recovering full compensation. Most personal injury attorneys, including our team, work on a contingency fee basis, meaning you pay nothing unless you win.

You Have Rights. You Should Use Them.

Getting hurt on someone else’s property is disorienting and stressful, especially when you are dealing with physical pain, time off work, and mounting medical bills. But the law is on your side when a property owner’s negligence caused your injury. Filing a premises liability claim in Brooklyn NY is how you hold that person or entity accountable and recover what you are owed.

Cherny & Podolsky has been helping injured Brooklyn residents navigate premises liability and personal injury cases since 2008. Our team works on a contingency basis, meaning there are no upfront costs and no fees unless we win. If you were injured on someone else’s property, contact us today for a free, confidential case review.

References:

New York Court of Appeals. (1976). Basso v. Miller, 40 N.Y.2d 233, 386 N.Y.S.2d 564, 352 N.E.2d 868. https://www.nycourts.gov/reporter/3dseries/2004/2004_03854.htm

New York State Legislature. (2025). New York Civil Practice Law and Rules, Section 214: Actions to be commenced within three years — personal injury. https://www.nysenate.gov/legislation/laws/CVP/214

New York State Legislature. (2025). New York General Municipal Law, Section 50-e: Notice of claim requirements for actions against public corporations. https://www.nysenate.gov/legislation/laws/GMU/50-E

New York State Legislature. (2025). New York General Municipal Law, Section 50-i: Presentation of tort claims; commencement of actions. https://www.nysenate.gov/legislation/laws/GMU/50-I

Disclaimer

The information provided in this blog post is intended for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship between you and Cherny & Podolsky PLLC. Every legal situation is unique, and the laws governing premises liability claims in New York are subject to change. The content on this page reflects general principles of New York law and should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. If you have been injured on someone else’s property, you should consult with a qualified personal injury attorney to discuss your individual case. Cherny & Podolsky PLLC serves clients in Brooklyn, New York, and surrounding areas.