New York
New York Premises Liability Law: Statute, Standards & Key Cases
New York gives you three years to file a premises liability claim — more than most states. Pure comparative fault means you can recover even if you are mostly at fault.
By 411 Press Legal Desk9 min read
A delivery driver enters an office building lobby in Manhattan and slips on a freshly mopped floor with no wet floor sign. He fractures his tailbone and tears a ligament in his knee. The building's cleaning crew mopped the lobby ten minutes earlier and left for their break without placing warning signs. The building manager's log shows this has happened before — three complaints in the past year about unmarked wet floors.
New York premises liability law provides this delivery driver with a strong claim. The state's three-year statute of limitations, pure comparative fault system, and well-established landlord duty obligations make New York one of the more plaintiff-favorable states for premises liability litigation.
Statute of Limitations
Three years from the date of the injury. Under CPLR § 214, personal injury claims in New York — including premises liability — must be filed within three years.
This is more time than most states provide. Texas, Florida, Georgia, and California all impose two-year deadlines.
Government entity claims: Claims against government entities have significantly shorter deadlines:
- A Notice of Claim must be filed within 90 days of the incident.
- The lawsuit must be filed within one year and 90 days of the incident.
These rules apply to claims against New York City, New York City Housing Authority (NYCHA), the Metropolitan Transportation Authority (MTA), and all other state and local government entities.
Tolling exceptions: The statute may be tolled for minors (until age 18), persons with mental incapacity, and when the defendant is absent from the state.
Legal Standard
Duty of Care
New York property owners have a duty to maintain their premises in a reasonably safe condition. This duty extends to all persons lawfully on the property.
New York uses a modified status-based framework. While the state still recognizes different duties for different categories of visitors, the practical distinctions are narrower than in some other states:
Invitees and licensees — New York has largely merged the duty owed to invitees and licensees. Property owners must exercise reasonable care for all persons on their property with permission. This includes maintaining the property, repairing known hazards, and conducting reasonable inspections.
Trespassers — The general rule is that property owners owe no duty to trespassers except to avoid willful or wanton injury. However, New York recognizes exceptions for habitual trespassers (if the owner knows people regularly cross the property, a duty of reasonable care may arise) and child trespassers (under the attractive nuisance doctrine).
What the Plaintiff Must Prove
- Duty. The property owner owed a duty of reasonable care.
- Breach. The owner created a dangerous condition, knew about it, or should have discovered it through reasonable inspection.
- Notice. The owner had actual or constructive notice of the condition. In New York, this is a distinct and critical element.
- Causation. The dangerous condition was a proximate cause of the injury.
- Damages. The plaintiff suffered actual harm.
The Notice Requirement
New York places significant emphasis on notice. The plaintiff must prove the property owner either:
- Created the hazardous condition (no separate notice required — the creation itself establishes knowledge), OR
- Had actual notice — knew about the specific condition, OR
- Had constructive notice — the condition was visible and apparent, and existed for a sufficient length of time before the accident that the owner should have discovered it through reasonable inspection.
In slip-and-fall cases, constructive notice is often the decisive issue. Evidence of how long the substance was on the floor — its condition (dried, dirty, spread by footprints), the timing of the last inspection, and witness observations — determines whether constructive notice existed.
Pure Comparative Fault
New York follows pure comparative fault under CPLR § 1411. A plaintiff can recover even if they are predominantly at fault. The recovery is reduced by the plaintiff's share of fault, but it is never completely barred.
A plaintiff found 85% at fault recovers 15% of total damages. There is no cutoff threshold.
Key New York Cases
Basso v. Miller (N.Y. 1976)
The New York Court of Appeals eliminated the traditional common-law classifications of entrants onto land (invitee, licensee, trespasser) for determining the landowner's duty of care. Instead, the court adopted a single standard of reasonable care under the circumstances applicable to all persons entering a landowner's property, regardless of their legal status. The court held that the distinctions "need no longer be made" and that the question is always whether the owner acted reasonably.
Gordon v. American Museum of Natural History (N.Y. 1986)
The Court of Appeals established the standard for constructive notice in slip-and-fall cases. The court held that to prove constructive notice, the plaintiff must show the defect was visible and apparent, and that it existed for a sufficient length of time before the accident to permit the defendant to discover and remedy it. The court rejected the argument that evidence showing the defendant created the condition through a general course of conduct was sufficient — specific notice of the specific hazard is required.
Espinal v. Melville Snow Contractors (N.Y. 2002)
The Court of Appeals addressed when a snow removal contractor owes a duty to a plaintiff (rather than just the property owner who hired the contractor). The court held that a contractor who takes on a duty to maintain property can be liable to third parties when the contractor's negligence in performing the work creates or exacerbates a dangerous condition, the plaintiff detrimentally relies on the contractor's performance, or the contractor entirely displaces the property owner's duty.
What Property Owners Must Do
General Obligations
- Inspect regularly. Reasonable inspection protocols are essential — the frequency should match the foot traffic and the nature of the property.
- Repair or warn. Known hazards must be repaired promptly. Warning signs and barriers must be placed until repairs are completed.
- Maintain records. Inspection logs are critical evidence. New York courts routinely look for documentation that inspections were conducted. Missing logs create an adverse inference.
- Train staff. Employees must know how to identify, report, and address hazardous conditions.
Residential Landlords
New York imposes extensive obligations on residential landlords, particularly in New York City:
Building entrance security:
- Functioning locks on building entrance doors
- Self-closing mechanisms on building entrance doors (NYC Housing Maintenance Code § 27-2043 for buildings with 8+ units)
- Working intercom or buzzer systems
- Adequate lighting in lobbies, hallways, and stairwells
Common area maintenance:
- Maintained stairways, handrails, and hallway lighting
- Working elevators with current inspection certificates
- Clean and maintained laundry rooms, basements, and common spaces
- Functioning fire escapes and emergency exits
Snow and ice removal: Landlords in New York must remove snow and ice from sidewalks adjacent to their property within a reasonable time after precipitation ends. In New York City, the deadline is four hours after the snow stops (or by 11 a.m. if the snow stops overnight).
Lead paint: Buildings constructed before 1978 are subject to lead paint disclosure and remediation requirements.
Commercial Property Owners
- Regular maintenance of all areas open to the public
- Adequate lighting inside and in parking areas
- Maintained walkways, stairways, and elevators
- Wet floor signs during and after cleaning
- Snow and ice removal (sidewalks adjacent to commercial properties)
- Compliance with New York building codes
New York City Sidewalk Law
Under New York City Administrative Code § 7-210, property owners in New York City are responsible for maintaining the sidewalk adjacent to their property. If someone is injured by a defective sidewalk condition (cracked pavement, raised slabs, missing covers), the adjacent property owner — not the city — is typically liable.
Exceptions exist for owner-occupied residential properties with one, two, or three units, where the city retains liability.
Available Damages
Successful New York premises liability claims may recover:
- Medical expenses — past and future
- Lost wages and earning capacity — past and future
- Pain and suffering — physical pain from the injury
- Emotional distress — anxiety, depression, PTSD
- Loss of enjoyment of life — diminished quality of life
- Loss of consortium — spouse's claim for loss of companionship
- Wrongful death damages — if the injury was fatal, under EPTL § 5-4.1. Note: New York limits wrongful death recovery to pecuniary (financial) losses (see our New York wrongful death guide)
- Punitive damages — in cases of egregious or intentional misconduct
New York does not impose statutory caps on compensatory damages in premises liability cases.
Practical Next Steps
If you were injured on someone else's property in New York:
Note your deadline: three years (90 days for a Notice of Claim if the property is government-owned). The 90-day government entity deadline catches many people off guard. If you were injured at a public school, public hospital, NYCHA building, city park, or any government-owned property, act immediately.
Document the hazard. Photograph the condition — the spill, broken step, ice, uneven surface, missing handrail. Take photos before the property owner fixes it. Include wide-angle context shots and close-ups.
Report the incident. Notify the property owner or manager in writing. Ask for an incident report.
Gather witness information. Witnesses who saw the hazard or know how long it existed are critical for establishing constructive notice.
Seek medical treatment promptly. New York juries evaluate the gap between the incident and when you first sought medical care. Same-day treatment strengthens your claim.
Keep your shoes and clothing. The defense will inspect your footwear in slip-and-fall cases.
Do not give recorded statements to the property's insurer. Their goal is to minimize or deny your claim.
Consult a New York premises liability attorney. The notice requirement, comparative fault allocation, and NYC-specific rules (sidewalk law, building code requirements) create complexity that benefits from experienced counsel.
Related New York Guides
- New York Negligent Security Law — when the hazard is inadequate security
- New York Wrongful Death Law — when a premises liability incident results in death
Last updated: May 27, 2026. Consult a New York attorney for advice specific to your situation.
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