New York Premises Liability Settlement Calculator

New York follows a pure comparative fault rule for premises liability cases, meaning there is no threshold that bars recovery. Whether you are 10% or 90% at fault, you can still recover the remaining percentage of your damages. Every premises liability claim in New York has some settlement value, making fault allocation the central negotiation point.

New York gives you 3 years from the date of the incident to file a lawsuit, which is in line with the national average of 2.7 years. This is a standard timeframe, but acting sooner preserves evidence and strengthens your position.

In New York, a property owner's duty of care depends on the visitor's legal status. Invitees (customers, business guests) receive the highest duty — owners must inspect for hazards and warn of or fix known dangers. Licensees (social guests) are owed a duty to warn of known hazards. Trespassers generally receive only a duty to avoid willful or wanton harm. Classifying your status at the time of the injury is often the first battleground in New York premises cases.

To win a New York slip-and-fall or hazard-based premises case, you generally must prove the property owner had actual or constructive notice of the dangerous condition. Constructive notice means the hazard existed long enough that a reasonable owner exercising reasonable care would have discovered it. Evidence of the condition's duration — timestamps on security footage, maintenance logs, witness accounts — is frequently decisive in New York premises cases.