New York Premises Liability Calculator | CaseValue.law
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New York Premises Liability Settlement Calculator

New York follows a pure comparative fault rule for premises liabilitys, 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.

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How New York Law Affects Your Premises Liability Case

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.

Key New York Laws

Filing Deadline
3 years
in line with the national average of 2.7 years
Negligence System
Pure Comparative Fault

How Does New York Compare?

3 yrs
Filing Deadline
Avg: 2.7 yrs
Pure
Fault System
Pure Comparative Fault

New York Premises Liability FAQs

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Legal Disclaimer

This calculator uses New York's statutes as of 2026-03-06. Laws change frequently. This tool provides estimates for informational purposes only and does not constitute legal advice. Verify current rules with a New York-licensed attorney before making decisions about your case. Learn about our methodology.

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