Unsafe property representation
Start with the place, the condition, and the people responsible.
A fall or other property injury does not prove negligence by itself. The claim depends on evidence showing why the location was unsafe and why a particular party had a duty to address it.
Matthew Voelpel represents people injured in stores, apartment buildings, offices, parking areas, sidewalks, construction-adjacent spaces, and other properties throughout New York. Each case begins with identifying everyone who owned, occupied, controlled, maintained, repaired, inspected, or made special use of the area.
Leases, management agreements, maintenance contracts, surveillance video, inspection logs, work orders, complaints, weather records, photographs, and witness testimony can reveal who was responsible and how long the hazard existed.
Creation, actual notice, constructive notice
Showing what the responsible party knew.
A premises-liability claim commonly requires evidence that the defendant created the dangerous condition or had actual or constructive notice of it. Actual notice may be shown through prior complaints, reports, observations, or repair efforts.
Constructive notice generally requires proof that the condition was visible and apparent and existed long enough for a reasonably careful property operator to discover and correct it. Evidence of when the area was last inspected or cleaned can become central.
The defendant caused it
Poor repairs, unsafe cleaning, negligent snow removal, leaking equipment, or improperly placed materials may create a hazard.
The defendant knew
Complaints, incident reports, emails, work orders, or employee observations may show direct knowledge of the condition.
The defendant should have known
The condition’s visibility, age, appearance, recurrence, and the inspection history may show an opportunity to correct it.
Protecting the claim
Document the condition before it changes.
The location may be cleaned, repaired, repaved, salted, relit, or rearranged soon after an accident. Surveillance systems may also overwrite recordings automatically. Prompt written preservation requests and a careful site investigation can protect evidence that would otherwise be lost.
Photographs, measurements, video, lighting, warnings, and witness information.
Inspections, cleaning logs, complaints, work orders, contracts, and prior incidents.
Medical documentation, damaged footwear or clothing, wage records, and daily limitations.
Types of cases
Dangerous-property claims we handle.
- Snow- and ice-related falls
- Wet or slippery floors
- Broken and uneven sidewalks
- Defective stairs and handrails
- Potholes and parking-lot defects
- Falling fixtures or materials
- Unsafe entrances and walkways
- Poor lighting and concealed hazards
- Building-code and maintenance violations
- Dangerous conditions in stores and apartments
Weather-related conditions
Snow and ice cases depend on timing and proof.
Under New York’s storm-in-progress doctrine, a property owner generally is not required to remedy naturally accumulating snow or ice while a storm continues or for a reasonable time after it ends. Weather records, expert analysis, witness testimony, and the appearance of the condition may establish when the precipitation occurred and whether the hazard predated the storm.
Snow-removal efforts also matter. Once an owner or contractor undertakes removal, the work must be performed with reasonable care. Plowing, shoveling, drainage, piles of snow, refreezing, and the use of salt or sand may be relevant to whether the work created or worsened a dangerous condition.
Sidewalk responsibility
The party responsible can change from one property to the next.
In New York City, Administrative Code § 7-210 places a duty on many abutting property owners to maintain sidewalks in a reasonably safe condition. Exceptions apply, including for certain owner-occupied one-, two-, and three-family residential properties. Utilities, contractors, tenants, and the City may also be relevant depending on the location and cause of the defect.
Outside New York City, local laws, prior-written-notice statutes, ownership records, special use, and maintenance obligations must be examined. A sidewalk case should not be evaluated based on the street address alone.
Ownership, occupancy, and control
More than one party may share responsibility.
Potentially responsible parties may include property owners, commercial tenants, residential landlords, property managers, maintenance companies, snow-removal contractors, repair contractors, municipalities, public authorities, and businesses that made special use of the accident location.
An out-of-possession landlord is generally treated differently from an owner that controls day-to-day maintenance. The lease, retained right to enter and repair, statutory duties, course of conduct, and nature of the defect may determine whether a landlord owed a duty.
Time-sensitive claims
Filing deadlines and evidence deadlines are different.
Many New York personal-injury actions must be commenced within three years, but important exceptions apply. Claims involving a municipality or public authority may require a notice of claim in as little as 90 days and can carry a shorter lawsuit deadline. Wrongful-death and other claims have different time limits.
The practical evidence deadline may arrive much sooner. Video can be erased, conditions repaired, witnesses lost, and snow or ice disappear within hours. Prompt investigation protects the proof needed to identify the responsible parties and establish notice.
Do not wait for the property to be repaired or for an insurer to finish its investigation before obtaining legal advice about the evidence and applicable filing requirements.