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Esta página fue escrita, editada, revisada y aprobada por Darren T. Moore según nuestro exhaustivo pautas editoriales. Como Socio Fundador, Darren T. Moore tiene más de 17 años de experiencia legal como abogado de lesiones personales en Nueva York.

A Westchester premises liability lawyer pursues compensation from the property owners, landlords, and managers whose unsafe conditions cause serious injuries. MooreJustice Abogados de Accidentes y Lesiones represents people hurt on dangerous property across Westchester County. Owners and their insurers often claim they never knew about the hazard, and we move quickly to test that defense with evidence.

Premises cases in New York often turn on notice, control, and short filing deadlines. Our team moves to secure inspection logs, maintenance records, and surveillance video before they are lost or overwritten. Call (917) 809-7014 today for a free case evaluation, and let us handle the insurance company while you focus on medical treatment.

Herido ¿por negligencia de alguien más?

Actúa antes de que la evidencia desaparezca.
¡inicia tu reclamo gratis hoy!

Why Choose MooreJustice Accident & Injury Lawyers for a Westchester Premises Liability Case?

The Law Offices of Darren T. Moore, P.C. does business as MooreJustice Accident & Injury Lawyers. Our founding attorney has more than 17 years of experience as a New York personal injury attorney. We build each premises case as though a jury will decide it.

Nuestras premises liability case results include the following:

  • $2,500,000 for a slip and fall in front of a Manhattan skyscraper.
  • $900,000 for a woman injured by a defective elevator in her apartment building.
  • $675,000 for a woman who slipped and fell on snow and ice.

Prior results do not guarantee a similar outcome.

Insurers for property owners and management companies look for reasons to shift blame onto the injured person. We push back with the property's own records, photographs, and witness accounts.

Our office is in Manhattan, and our Westchester personal injury lawyers represent people hurt on unsafe property throughout the county. We can meet by phone or video, so you do not have to travel to Manhattan to get your case started. Our team speaks with clients in English and Spanish.

How Premises Liability Works Under New York Law

A few rules determine whether a property owner is responsible for your injuries.

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Owners, Tenants, and Managers Who Control the Property

A 2026 Second Department premises decision explained that a property owner, or anyone in possession or control of the property, has a duty to maintain it in a reasonably safe condition. Liability generally depends on ownership, occupancy, control, or special use of the property, and any one of those can create a duty of care.

That rule matters when an owner leases space to a tenant or hires a management company. We review leases, service contracts, and property records to find every party that controlled the area where you were hurt.

Proving the Owner Knew or Should Have Known About the Hazard

Owners often defend by denying they created the hazard or had actual or constructive notice of it. Under a 2023 Second Department decision, constructive notice applies to a visible and apparent hazard that existed long enough to give the owner a reasonable opportunity to discover and remedy it.

That decision also explains that an owner seeking dismissal on this ground must offer some evidence of when the area was last cleaned or inspected relative to the time of the fall. We demand those logs early, along with work orders, prior complaints, and surveillance footage that may show how long the hazard sat untouched.

Falls on Public Sidewalks and Municipal Property

In a 2024 Westchester County appeal involving the Village of Briarcliff Manor, the Second Department explained that liability for defective public sidewalks generally rests with the municipality, not the abutting landowner.

An abutting owner can be liable only in the following situations:

  • The owner created the defect.
  • The owner caused the defect through a special use.
  • A statute or ordinance requires the owner to maintain the sidewalk and expressly makes the owner liable for injuries caused by a breach of that duty.

Villages add another hurdle. The same decision explains that prior written notice under Village Law § 6-628 must exist before an action against a village over a defective sidewalk can proceed. The injured person must plead and prove that notice.

Premises Liability Cases We Handle Across Westchester County

Each type of property hazard raises its own questions about control, notice, and evidence.

Accidentes por resbalones, tropezones y caídas

Wet floors, loose mats, torn carpet, and uneven walkways can cause serious falls in stores, offices, and apartment buildings. A Westchester slip and fall accident lawyer on our team can trace how the hazard formed and who should have fixed it.

Snow and Ice Injuries

Unsalted walkways, icy parking lots, and meltwater that refreezes near building entrances can cause serious winter falls. We gather weather records, snow removal contracts, and salting logs to show when the owner should have acted. Same-day photographs matter, because ice can melt before anyone documents it.

Broken Stairs, Elevators, and Building Defects

Missing handrails, crumbling steps, poor lighting, and malfunctioning elevators can turn a routine visit into a serious injury. When an elevator or stairway fails, we review the maintenance contractor's service history and the owner's repair records.

Inadequate Security

Broken locks, dark garages, and unmonitored entrances can expose tenants and visitors to assaults. We investigate prior incidents on the property and whether the owner ignored warnings about security problems.

Falling Objects and Collapsing Ceilings

Loose ceiling panels, overloaded shelves, and debris blown from a roof can strike people without warning. These injuries may trace back to water leaks, deferred repairs, or improper storage, so we identify who controlled each condition.

If a store, landlord, or village left a dangerous condition in place, call (917) 809-7014 today so our team can begin preserving evidence.

Deadlines for Westchester Premises Liability Claims

CPLR 214 generally requires you to file a personal injury lawsuit within 3 years.

Claims against a county, city, town, or village move on a faster timeline. Under Ley Municipal General § 50-e, a required notice of claim must be written, sworn, and served within 90 days after the claim arises. The same statute preserves separate laws requiring notice of a defective sidewalk, street, or crosswalk, or of snow or ice on it, as a condition of municipal liability.

Ley General Municipal § 50-i then requires the lawsuit itself to be started within 1 year and 90 days after the incident. Section 50-e gives courts discretion to permit a late notice of claim, but any extension ends at the deadline to file the lawsuit.

El Westchester County Supreme and County Courts are located at 111 Dr. Martin Luther King Jr. Blvd. in White Plains. Surveillance footage and incident reports can disappear long before any filing deadline, so we act early.

Frequently Asked Questions About Westchester Premises Liability Claims

What If the Owner Says the Defect Was Too Small to Matter?

That argument has limits. In Hutchinson v. Sheridan Hill House Corp., the Court of Appeals held that an owner raising it must show the defect is physically insignificant under the circumstances. The owner must also show that neither the defect's characteristics nor its surroundings increase its risks.

Do I Have a Claim If I Fell While It Was Still Snowing?

A 2025 Second Department decision applied the storm-in-progress rule, which shields an owner from liability for accumulated snow until enough time has passed after the storm to address the hazards. We use weather records to show when the snow stopped and how long the hazard remained.

Can I Recover If the Hazard Was Easy to See or I Was Partly at Fault?

A 2026 Appellate Division decision explains that an owner seeking dismissal because a hazard was obvious must show the condition was both open and obvious and, as a matter of law, not inherently dangerous. If the case moves forward, CPLR 1411 reduces your damages by your share of fault instead of barring recovery.

What Happens If a Westchester Village Says It Never Received Written Notice?

In a 2023 case against the Village of Ossining, the Second Department held that once the village showed it lacked prior written notice, the injured person had to prove an exception applied.

How Much Is My Westchester Premises Liability Case Worth?

Value depends on your injuries, treatment, lost income, liability evidence, and available insurance. We document every category of loss the evidence supports, and you can learn more about the types of damages available in New York personal injury cases.

How Much Does It Cost to Hire a Premises Liability Lawyer?

We take premises liability cases on a contingency fee basis, so you pay no attorney fees upfront. Fees come from any recovery under your signed agreement, and your case evaluation is free.

Mereces respuestas, rendición de cuentas,
y compensación total

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Contact a Westchester Premises Liability Lawyer at MooreJustice Accident & Injury Lawyers

A serious fall or building accident can leave you facing surgery, missed work, and an insurer questioning every detail. MooreJustice Abogados de Accidentes y Lesiones stands with injured people across Westchester County and pushes back when property owners deny responsibility. Time limits on notices and lawsuits can run quickly, especially for claims against a village or county.

The Law Offices of Darren T. Moore, P.C. was founded by Darren T. Moore, and our attorneys can review the property records, identify who controlled the hazard, and explain your options. Call a Westchester premises liability lawyer at (917) 809-7014 o contact our team online to request your free case evaluation. We are available 24/7.

Darren Moore

Darren Moore es el fundador de The Law Offices of Darren T. Moore, P.C. y un dedicado abogado de lesiones personales en Nueva York. Conocido por su defensa incansable y su enfoque centrado en el cliente, ha dedicado su carrera a ayudar a las víctimas de lesiones a buscar justicia y obtener la compensación que merecen. Darren se encarga de una amplia gama de asuntos de lesiones personales y se compromete a ofrecer una representación personalizada para cada cliente.

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