The law that applies to your claim
Negligent security — foreseeability is the test
A landlord or business can be responsible for a criminal assault on its premises where the attack was reasonably foreseeable and minimal precautions were absent. Prior similar incidents at or near the property are the usual proof — a broken lobby door reported repeatedly, an unlit garage with a history of robberies.
Dog bites — vicious propensity
New York does not apply ordinary negligence to dog attacks. An owner is strictly liable where the animal had a known vicious propensity, which can be shown by prior bites, warnings, muzzling, or the way the dog was kept and restrained.
Building codes and the Multiple Dwelling Law
Code violations — missing handrails, inadequate egress lighting, unguarded openings, defective elevators, unsecured window guards where children live — are evidence of negligence and often establish the standard the owner failed to meet.
This is broader than a fall
If you slipped on ice or a wet floor, the claim turns almost entirely on notice, and that is its own subject — see our slip and fall page.
Premises liability covers the rest of what goes wrong on someone else’s property: assaults where security was absent, injuries from defective elevators and escalators, swimming pool incidents, falling merchandise, fires and egress failures, lead paint exposure in older housing, and injuries caused by contractors working on the property.
Who is actually responsible
Rarely just one party. Depending on the property, responsibility can run to the owner, a managing agent, a commercial tenant under its lease, a security contractor, an elevator maintenance company, or a municipality for public property.
The lease and the management agreement usually decide who owed the duty. Getting those documents early determines who belongs in the case.
Evidence that decides these cases
- Prior incident reports and police calls to the address
- Tenant complaints, violation histories and repair records
- Security camera footage — usually overwritten within weeks
- Maintenance and inspection logs for elevators and equipment
- The lease, allocating responsibility between owner and tenant
- Code violations on file with the local building department
How long you have to act
- Three years from the date of the accident for most negligence claims (CPLR §214).
- Two years for wrongful death (EPTL §5-4.1).
- 90 days to serve a notice of claim where a city, county, school district, transit authority or other public body is involved (General Municipal Law §50-e), with suit generally within one year and 90 days.
The 90-day rule is the one that quietly ends otherwise strong cases. If a public entity may be involved, that is the first thing to check — not the last.
What it costs
Nothing up front. These cases are handled on contingency: there is no fee unless we win, and the consultation is free. You will be told the percentage and how expenses are handled, in writing, before you sign anything.
Common questions
I was assaulted in my apartment building. Is that a claim?
It can be. If the building’s security was inadequate and similar incidents had happened before, the owner may be responsible for failing to take minimal precautions.
The dog had never bitten anyone before.
That makes it harder, but prior bites are not the only proof of vicious propensity. How the dog was restrained, warnings given, and its behavior toward others can all be relevant.
I was visiting, not a tenant. Does that change anything?
New York owes a single duty of reasonable care to everyone lawfully on the property. Being a guest rather than a tenant does not reduce it.
