Premises Liability Lawyer in Manhattan, NY

In Manhattan the first question in a fall case is rarely "was the condition dangerous." It is "who was responsible for it" — and the answer is usually buried in a lease.

A single building may involve the owner, a managing agent, a commercial tenant, a cleaning contractor, and a construction manager, each with its own insurer and each pointing at the others. The lease and the service contracts decide which of them owed the duty. An attorney who obtains those documents early is doing the work that determines the outcome; one who sues only the owner may find the responsible party has been let out.

The legal framework:

• Notice. The defendant must have created the condition, had actual notice, or had constructive notice — the defect being visible and apparent, and present long enough for a reasonable inspection to discover it.
• Sidewalks. Under NYC Administrative Code § 7-210 the abutting property owner, not the City, is generally responsible for maintaining the sidewalk, with a narrow exception for owner-occupied one-to-three-family residences. In a district of commercial buildings that almost always means the building owner.
• Snow and ice. Administrative Code § 16-123 sets the timetable for clearing snow after a snowfall ends, and the storm in progress doctrine gives a reasonable period before liability attaches.
• Deadlines. Three years for personal injury (CPLR 214); two years for wrongful death. Against the City, NYCHA, H+H or the Transit Authority: notice of claim within 90 days (GML § 50-e), a § 50-h hearing, and suit within one year and 90 days.
• Comparative fault. Pure comparative negligence under CPLR 1411 — partial fault reduces the recovery, it does not bar it.

Cases are filed in Supreme Court, New York County, 60 Centre Street. General information, not legal advice.

The same as anywhere else in New York: contingency, no upfront cost, no hourly billing. One-third of the net recovery is the customary arrangement in New York personal injury matters.

The variables that decide what reaches you:

• The stage at which the case resolves — pre-suit, discovery, mediation, or verdict
• Case expenses: architectural and code experts, lighting or friction testing, site inspections, medical narratives, deposition transcripts, filing fees, trial exhibits
• Whether expenses come off before or after the fee is calculated
• Liens to health insurance, Medicare, Medicaid, or workers' compensation
• The layers of coverage available — commercial buildings frequently carry excess and umbrella policies well above the primary limit
• Whether a municipal defendant adds § 50-e and § 50-h procedure

Court approval is required for any settlement involving a minor. Our consultation and referral are free and remain free regardless of outcome.

Because in a building with five potentially responsible entities, the case is won by the attorney who identifies all five in the first month — not by the one with the largest advertising budget.

• Free consultation; the referral costs you nothing.
• Available 24/7 at (800) 669-0060.
• English, Spanish, and Russian.
• Over 30 years matching injured people with attorneys across New York and New Jersey.
• Local case experience in New York County.
• Continued involvement after the introduction.

Attorneys in Michael Brook's network repeat one practical step for Manhattan buildings: request preservation of the building's video and the porter's or handyman's cleaning log in writing, immediately. Those logs establish inspection intervals, and inspection intervals establish constructive notice.

Disclaimer: Michael Brook Attorney Referral is not a law firm and provides no legal representation or legal advice. This is general information and does not replace advice from a licensed attorney about your specific situation. No result is guaranteed.