Premises accident lawyer in Washington Heights

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Premises Liability Lawyer in Washington Heights, Manhattan

Washington Heights has the heaviest concentration of pre-war walk-up housing in Manhattan, the steepest residential terrain in the borough, and the largest Dominican community in the United States. Premises liability cases here come from a different building stock and a different demographic than the Upper East Side or Chelsea, and they get worked through Spanish-speaking intake from start to finish. Call 718-261-0546.

Where Washington Heights premises cases come from

The first source is the pre-war walk-up housing stock. Five- and six-story buildings without elevators dominate the residential blocks between Broadway and Riverside, between St. Nicholas and Amsterdam, and along the side streets that climb the hill. Interior stairs that have been in service for a century have worn marble nosings, loose or missing handrails on the service flights, and lighting that fails on landings between floors. Lobby tile is original. Vestibule and entry-step falls cluster in winter when ice goes uncleared. Many of these buildings are owned by mid-size local landlords with insurance and a board, which makes the cases worth fighting.

The second source is the Broadway and St. Nicholas Avenue commercial corridor. Small-storefront density along 181st, along the blocks south to 168th, and along the Dyckman Street corridor at the northern edge produces sidewalk-flag defects, vestibule slip-and-falls in bodegas and restaurants, and recessed entry-door injuries. NYC Administrative Code section 7-210 places the sidewalk responsibility on the abutting owner. The City is rarely the right defendant.

The third source is the public premises stock. Washington Heights has heavy NYCHA presence (Dyckman Houses, Audubon Houses, others), the deep 181st A and 1 train stations with documented elevator failures, the GWB Bus Terminal at 178th Street with Port Authority jurisdiction, and large urban parks (Fort Tryon, Fort Washington, Highbridge, Hudson River Park) that fall under NYC DPR. Each of these comes with a 90-day Notice of Claim deadline. The fourth source is NewYork-Presbyterian/Columbia University Irving Medical Center on Fort Washington Avenue at 168th, which sits at the center of the neighborhood as a private-employer premises and generates lobby, plaza, and surrounding-sidewalk fall claims.

What "premises liability" means in NY

Property owners and operators in New York owe a single duty of reasonable care to anyone lawfully on their premises, after the Court of Appeals abolished the trespasser, licensee, and invitee distinctions in Basso v. Miller. We prove a dangerous condition existed; the owner created or had actual or constructive notice of it; they failed to fix or warn in a reasonable time; and the condition substantially caused the injury.

Sidewalk responsibility under NYC Administrative Code section 7-210 falls on the abutting property owner for nearly every parcel in Washington Heights, including the walk-up buildings on the cross streets and the small storefronts along Broadway. That means the building or the business, not the City, is usually the right defendant for a sidewalk fall.

For falls on NYCHA property, in the MTA station system, at the GWB Bus Terminal, in NYC DOE schools, or in NYC park land, General Municipal Law section 50-e governs. A Notice of Claim must be filed within 90 days of the incident, and the lawsuit must be filed within one year and 90 days. Miss the deadline and the case is over. The deadlines are not extended for language barriers, immigration status, or hospital stays in most circumstances.

What to do after a Washington Heights premises injury

1. Get medical attention. NewYork-Presbyterian/Columbia is the local level-one trauma center. Tell the ER intake this was a fall and identify the location.
2. Photograph the defect, the lighting, any signage, and the scene. For pre-war walk-up stairwell falls, photograph the tread, the handrail (or the place where a handrail should have been), and the lighting. For sidewalk falls, photograph with a coin or credit card for scale on the height differential.
3. Identify the owner. ACRIS for the deed and the corporation. NYC Department of Buildings BIS portal for permits and complaints. NYCHA cases run against the Authority with a 90-day deadline.
4. File the incident report. Do not sign anything from the building owner's, hospital's, or storefront's insurer before talking to me. Surveillance video gets overwritten in 30 to 90 days; preservation letters need to go out fast.

Cases I take

• Pre-war walk-up stairwell, lobby, vestibule, and stoop falls
• Sidewalk falls on Broadway, St. Nicholas Avenue, Amsterdam Avenue, Audubon Avenue, 181st Street, and Dyckman Street
• 181st A and 1 train station elevator failures and stairwell falls (MTA 90-day rule)
• Dyckman Houses, Audubon Houses, and other NYCHA hallway and stairwell falls (90-day rule)
• Hospital premises falls at NewYork-Presbyterian/Columbia
• Fort Tryon, Fort Washington, Highbridge, and Hudson River Park trip-and-falls (DPR 90-day rule)
• GWB Bus Terminal premises falls (Port Authority)
• the utility company and utility-grate trip-and-falls (the same hazard category that produced our $145,000 Manhattan the utility settlement)
• Bodega and restaurant slip-and-fall along the Broadway and St. Nicholas corridor
• Local school and DOE premises injuries (90-day rule)

Talk to Nick

Call 718-261-0546. Free consultation. No fee unless we recover. Office: 102-11 Metropolitan Ave, Forest Hills, NY 11375. Manhattan virtual office by appointment. Servicios completos en español. Prior results include $145K Manhattan the utility company vault settlement.

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