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Property owners in Brooklyn have a legal duty to keep their premises reasonably safe for visitors. When they fail to address hazards like wet floors, broken stairs, or inadequate security, and someone is injured as a result, they can be held liable. But proving a premises liability case requires more than just showing you were hurt on someone else’s property. You must demonstrate that the owner knew about the danger, failed to fix it, and that failure directly caused your injuries. Compensation can cover medical bills, lost wages, and pain and suffering.
At Kucher Law Group, Brooklyn personal injury lawyer Samantha Kucher and our team of premises liability attorneys understand how to investigate these accidents, identify all responsible parties, and hold negligent property owners accountable. According to the New York State Department of Health, fall-related injuries are a leading cause of injury hospitalizations among New Yorkers ages 25 and older.
This guide explains what premises liability is under New York law, the types of cases we handle, how to prove negligence, what damages you can recover, and the steps you should take immediately after an accident. Call Kucher Law Group at (929) 563-6780 for a free consultation.
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Why Choose Kucher Law Group
Your Injury Case is Our Top Priority
At Kucher Law Group, we understand that your injury case isn’t just another file. It’s your life. That’s why we treat every case with the utmost importance, dedicating our top-rated attorneys to fight for the justice and compensation you deserve.
Big Results and Personal Service
We pride ourselves on delivering big results while maintaining a personal touch. Our team combines deep legal knowledge and a proven track record with a commitment to providing individualized attention to each client. You’re not just a number to us; you’re a valued partner in our pursuit of justice.
Always Reliable, Always Responsive
When you need us, we’re there. Our attorneys are available 24/7 to answer your questions and provide support whenever you need it. We believe in being reliable and responsive, ensuring that you’re never left in the dark about your case.
We Don’t Get Paid Until You Do
Our confidence in our ability to secure favorable outcomes is reflected in our payment structure: you don’t pay a penny unless we win your case. We work tirelessly on your behalf, and our success is measured by your success.
Our Mission
At Kucher Law Group, we’re more than just a premier personal injury law firm in New York; we’re your steadfast advocates in seeking justice. Our trial attorneys are dedicated to fighting for the compensation you deserve. What sets us apart? We charge no upfront fees. If we don’t win your case, you don’t pay a penny. We’re here for you, 24/7, ready to provide support and answer any questions you may have when tragedy strikes. Trust in our commitment, confidence in our results, and our unwavering availability to our clients.
Client Testimonial
Mark Green
5.0
Their approach to my truck accident case was thorough and strategic. They kept me informed at every step and fought hard for my rights. The outcome was more than satisfactory. I’m grateful for their dedication.
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Premises liability is a legal concept that holds property owners, managers, and occupants responsible when someone is injured on their property due to unsafe conditions. Under New York law, property owners owe a duty of care to lawful visitors. This means they must take reasonable steps to inspect their property, identify hazards, and either fix dangerous conditions or warn visitors about them.
Courts also look into the purpose and reason a person was on the property, whether their presence was reasonably anticipated. However, New York does not rely on rigid invitee/licensee categories as the sole measure of duty.
In limited situations, New York’s recreational use statute (General Obligations Law § 9-103) can restrict a landowner’s duty for certain recreational activities on the property. When a property owner fails to meet their duty, and someone is injured, the injured party can file a claim seeking compensation for medical expenses, lost income, and other damages.
Key Takeaway: Property owners in New York must maintain reasonably safe conditions for lawful visitors. When they fail to address known hazards and someone is injured, they can be held liable for medical bills, lost wages, and pain and suffering.
If you were injured on someone else’s property in Brooklyn, Samantha Kucher can help investigate your accident and identify all responsible parties. Call Kucher Law Group at (929) 563-6780 for a free consultation.
Premises liability cases arise from many different dangerous conditions. Some accidents occur in retail stores, while others happen in apartment buildings, parking lots, or on public sidewalks.
Slip and fall accidents are the most frequent premises liability incidents. These occur when someone slips on a wet floor in a grocery store, trips on a broken sidewalk, or loses their footing on an icy parking lot. Property owners must clean up spills promptly, repair cracked pavement, and clear snow and ice from walkways. Trip and fall accidents happen when hazards like loose carpeting, uneven flooring, or cluttered walkways cause someone to stumble and fall.
Inadequate security cases arise when property owners fail to protect visitors from foreseeable criminal acts. If you are assaulted in a poorly lit parking lot, robbed in a building without working locks, or attacked in an area with a known crime problem, the property owner may be liable for failing to provide adequate security measures. Elevator and escalator accidents can cause serious injuries when malfunctioning equipment traps riders or when poor maintenance leads to sudden stops or falls.
Structural failures like ceiling collapses, balcony collapses, and staircase failures can result in catastrophic injuries. Property owners must maintain buildings according to code and repair known structural defects. Swimming pool accidents, dog bites on property, and toxic exposure cases (lead paint, mold, carbon monoxide) also fall under premises liability law.
These cases are filed at the Kings County Supreme Court, where our attorneys regularly represent injured Brooklyn residents.
| Case Type | Common Examples in Brooklyn | Typical Injuries |
|---|---|---|
| Slip and Fall | Wet grocery store floors, icy sidewalks in Williamsburg | Fractures, head trauma, back injuries |
| Trip and Fall | Broken sidewalks in Park Slope, loose carpeting in hotels | Ankle sprains, wrist fractures, shoulder injuries |
| Inadequate Security | Assaults in poorly lit parking lots, robberies in buildings without cameras | Physical injuries, emotional trauma, PTSD |
| Structural Defects | Collapsing ceilings in Bedford-Stuyvesant apartments, broken stairs | Crush injuries, fractures, traumatic brain injury |
| Elevator/Escalator | Malfunctioning elevators, escalator entrapments | Crush injuries, amputations, falls |
Key Takeaway: Premises liability cases in Brooklyn range from slip and falls in retail stores to inadequate security in apartment buildings. Each case requires proving the property owner knew or should have known about the danger.
If you were injured on someone else’s property in Brooklyn, Michael Roitman can help determine if you have a valid premises liability claim. Contact Kucher Law Group at (929) 563-6780 today.
Client Testimonial
Becky Wolf
5.0
After a serious injury at my construction site I was overwhelmed. Kucher Law Group not only helped me navigate the legal process but also secured a settlement that eased my financial worries. Their compassion and expertise were evident in every interaction
Winning a premises liability case requires proving four elements: duty, breach, causation, and damages. Each element must be established with evidence, and the burden of proof rests on the injured party. Understanding what you must prove helps explain why these cases are more complex than they initially appear.
New York follows a comparative negligence rule. This means your compensation is reduced by your percentage of fault. If you were texting while walking and failed to see a clearly marked wet floor sign, a jury might find you 30% at fault. Your total damages would be reduced by 30%. You can still recover as long as you are not 100% responsible for the accident.
Evidence is critical in premises liability cases. Photographs of the hazard, witness statements, maintenance records, surveillance footage, and incident reports all help prove your case. Property owners often claim they had no notice of the danger or that the hazard was open and obvious. Strong evidence counters these defenses.
Key Takeaway: Winning a premises liability case in Brooklyn requires proving the property owner knew about the hazard, failed to fix it, and that failure directly caused your injuries. New York follows comparative negligence, so even if you were partially at fault, you can still recover damages.
At Kucher Law Group, we understand how overwhelming it can be after an injury on someone else’s property. Our Brooklyn premises liability attorneys take the time to listen, investigate, and build strong cases backed by real evidence. If you’ve been hurt, call us at (929) 563-6780. We stand ready to help you every step of the way.
Samantha Kucher has dedicated her career to helping injury victims stand up to powerful insurance companies and negligent property owners. Her passion for justice began at Milton Hershey School and continued through her early volunteer work with the New York County Family Law Pro Bono Program.
Whether you’re recovering from a serious fall or navigating complex landlord liability, Samantha combines deep legal knowledge with personal dedication to every client.
Michael Roitman is a seasoned trial lawyer who brings intensity, strategy, and empathy to every case. Having grown up as the child of immigrants who fled persecution, Michael brings a fierce drive to protect people who are often overlooked or underserved by the legal system.
Michael thrives in court and doesn’t back down from tough cases. He builds trust through transparency and relentless preparation.
Alex Rybakov brings over a decade of personal injury litigation experience, with a special focus on premises liability cases involving unsafe conditions, poor maintenance, and negligent landlords. Known for his clear communication and tailored strategies, Alex is committed to guiding each client through the legal process with confidence and clarity.
Alex’s balanced approach, aggressive in the courtroom, attentive with clients, makes him a go-to advocate for Brooklyn residents injured on dangerous property.
Need Help?
Book an initial consultation with top rated Brooklyn Personal Injury Attorneys, Kucher Law Group!
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Client Testimonial
Sylvia Fife
5.0
I found the Kucher Law Group a source of support. In addition, I now feel as though some sense of justice was offered, I only wish this crash had never taken place, but, many thanks for your caring support during these challenging months. I’m so happy that you are ready to help and to correct some of the injustices that are imposed on innocent people via terrible accidents.
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Book an initial consultation with the top-rated Brooklyn personal injury firm, Kucher Law Group!
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When you are injured on someone else’s property due to their negligence, New York law allows you to seek compensation for both economic and non-economic damages. Economic damages cover tangible financial losses with specific dollar amounts. Non-economic damages compensate for intangible harm that cannot be easily quantified.
Economic damages include all medical expenses related to your injury. This covers emergency room treatment, surgery, hospitalization, physical therapy, prescription medications, and medical equipment. You can also recover for future medical care if your injuries require ongoing treatment. Lost wages compensate you for the income you could not earn while recovering from your injuries. If your injuries prevent you from returning to your previous job or reduce your earning capacity, you can seek compensation for future lost income as well.
Non-economic damages address the physical and emotional toll of your injuries. Pain and suffering compensation accounts for the physical discomfort you endured and continue to experience. Emotional distress damages cover anxiety, depression, and post-traumatic stress disorder (PTSD) resulting from the accident. Loss of enjoyment of life damages apply when injuries prevent you from participating in activities you previously enjoyed. Scarring and disfigurement can also increase non-economic damages.
Punitive damages are rarely awarded in premises liability cases. These damages punish defendants for extreme recklessness or intentional wrongdoing. Because most premises cases involve ordinary negligence rather than willful misconduct, punitive damages typically do not apply.
Key Takeaway: Brooklyn premises liability victims can recover both economic damages (medical bills, lost wages) and non-economic damages (pain and suffering). The total value depends on injury severity and long-term impact.
The actions you take immediately after a premises liability accident can significantly impact your ability to recover compensation. Property owners and their insurance companies often try to minimize liability by claiming the hazard did not exist, you were at fault, or your injuries are not serious. Taking these steps protects your legal rights.
Key Takeaway: The steps you take immediately after a premises liability accident can make or break your case. Document everything, report the incident, and speak with a Brooklyn premises liability lawyer before giving statements to insurance companies.
If you have been injured on someone else’s property in Brooklyn, call Kucher Law Group at (929) 563-6780 immediately. We can guide you through the process and protect your rights.
Client Testimonial
Torp Hector
5.0
I really wanted to give thanks to the entire office staff at Kucher Law Group for all the things you have done for me regarding my case. They were the most considerate, experienced, efficient, and hard-working group of people I have ever had the pleasure of interacting with. The entire office staff at Kucher Law were always readily available to respond to any questions I had and led me thru the entire process. Their team made it feel like I was their sole client. I really felt like family. The Kucher Law team knows the workings of the legal system and settled for only the absolute best for me. I am extremely happy with the outcome of my case and I highly recommend Kucher Law Group. There are not enough words to express my gratitude for everything you have done for me, outstanding service, and amazing results. Thank you once more!
Learn More
New York law imposes strict deadlines for filing premises liability lawsuits. Missing these deadlines means losing your right to seek compensation, regardless of how strong your case may be. Understanding the statute of limitations is critical.
For accidents on private property (homes, businesses, private buildings), you have three years from the date of your injury to file a lawsuit under New York Civil Practice Law and Rules (CPLR) § 214. This applies to most premises liability cases in Brooklyn.
For many claims against cities, counties, towns, villages, school districts, and similar local public entities, you generally must serve a Notice of Claim within 90 days, and the lawsuit typically must be started within one year and 90 days. Claims against the State of New York are often handled differently (typically in the New York State Court of Claims) with their own timing and service rules, often requiring action within 90 days, unless extended by a timely Notice of Intention.
Some exceptions can extend or pause the statute of limitations. For minors, many negligence statutes of limitation are tolled until age 18, but claims against public entities can still involve special notice rules and may require court permission if deadlines are missed. The discovery rule may apply in toxic exposure cases where you did not immediately know you were injured. However, these exceptions are narrow and should not be relied upon without consulting an attorney.
Key Takeaway: You generally have three years to file a premises liability lawsuit in New York, but only 90 days if a government entity owns the property. Missing these deadlines means losing your right to compensation.
Don’t wait and risk missing your chance for justice. Brooklyn premises liability attorney Samantha Kucher understands how quickly time can run out and how overwhelming this process can feel. Call her today at (929) 563-6780 to make sure your claim is filed on time, and your rights are protected from the start.
Kucher Law Group represents injured residents throughout Kings County. Our office at 463 Pulaski Street in Bedford-Stuyvesant is conveniently located to serve clients from every Brooklyn neighborhood.
Whether your accident occurred in a Williamsburg retail store, a Park Slope apartment building, or on a Bay Ridge sidewalk, our premises liability attorneys can help. We handle cases throughout Brooklyn and represent clients in Kings County Supreme Court.
Being injured on someone else’s property is overwhelming. You are dealing with medical bills, insurance adjusters who want to minimize your claim, and uncertainty about your legal rights. Meanwhile, the property owner’s insurance company has lawyers working to deny or reduce your compensation. You need an attorney who will hold negligent property owners accountable.
Samantha Kucher has represented premises liability victims throughout Brooklyn for over 15 years. At Kucher Law Group, our premises liability attorneys handle cases filed in Kings County Supreme Court and negotiate with insurance companies on your behalf. We investigate the accident scene, gather evidence, interview witnesses, and build strong cases that demonstrate the property owner’s negligence.
Call Kucher Law Group at (929) 563-6780 for a free consultation. Our office at 463 Pulaski Street in Bedford-Stuyvesant serves injured residents throughout Brooklyn and Kings County.
Risk-Free Representation – No Fees Unless We Win Your Case!
Schedule a free consultation
Client Testimonial
Hazem Haddad
5.0
I came to them with a very difficult case. They fought hard and took it all the way to trial. At trial they faced a tough judge and a tougher jury but they did a great job and got the max amount possible. Thank you so much!
Yes. New York follows a comparative negligence rule, which means you can still recover damages even if you were partially responsible for your accident. Your total compensation will be reduced by your percentage of fault. For example, if you were 20% at fault and your damages total $100,000, you would recover $80,000. You can only be barred from recovery if you are found 100% responsible for the accident.
Property owners are responsible for hazards they knew about or should have known about through reasonable inspection. Even if they claim they had no actual knowledge of the danger, you can prove constructive notice by showing the hazard existed long enough that regular inspections would have discovered it. Maintenance records, prior complaints, and witness testimony help establish constructive notice.
The value of your case depends on the severity of your injuries, the amount of your medical bills, how much work you missed, and whether you suffered permanent disability. Non-economic damages like pain and suffering also factor into the total. An experienced attorney can evaluate your case and provide a realistic range based on similar cases and the strength of your evidence.
While you are not legally required to hire a lawyer, premises liability cases are complex. Property owners have insurance companies with legal teams working to minimize payouts. An attorney can investigate your accident, gather evidence, negotiate with insurers, and take your case to trial if necessary. Most premises liability attorneys work on contingency, so you pay nothing unless you win.
Claims against New York City have much shorter deadlines. You must file a Notice of Claim within 90 days of the accident and file your lawsuit within one year and 90 days. Missing these deadlines bars your claim. Contact an attorney immediately after an accident on city property.
Yes. Landlords have a duty to maintain rental properties in safe condition. If you are injured due to broken stairs, inadequate lighting, structural defects, or other hazardous conditions, you can file a premises liability claim against your landlord. New York’s warranty of habitability laws also provide protections for tenants living in unsafe conditions.
Strong evidence includes photographs of the hazard and your injuries, witness statements, the incident report filed with the property owner, your medical records, and any maintenance or inspection records showing the property owner knew about the danger. Surveillance footage can also be critical if available.
Most cases settle within 12 to 18 months, though complex cases or those that go to trial can take longer. The timeline depends on the severity of your injuries, how long you remain in treatment, and whether the insurance company makes a fair settlement offer. Your attorney can provide a more specific timeline based on your circumstances.
Do not accept a settlement offer without consulting an attorney. Insurance companies often make quick, lowball offers hoping you will accept before understanding the full extent of your injuries. Once you accept a settlement, you cannot seek additional compensation later. An attorney can evaluate whether the offer is fair and negotiate for more if needed.
Yes. You can still file a claim even if the hazard was fixed after your accident. However, evidence of post-accident repairs is often not admissible to prove negligence, so what usually matters most is documenting the condition as it existed at the time of the incident (photos, witnesses, reports, etc.).
While it is best to report accidents immediately, failing to do so does not automatically bar your claim. However, delayed reporting makes your case more difficult to prove because the property owner may claim the hazard did not exist or that you were injured somewhere else. Report the accident as soon as possible and contact an attorney to discuss your options.
