Jurisdiction Intelligence Report
Premises Liability Case Values in New York (2026)
Data-driven verdict and settlement analysis for Premises Liability cases in New York. Median outcome: $22.3M across 3 tracked cases.
Verdict Distribution
| Range | Cases | Percent |
| $1M–$5M | 1 | 33% |
| $5M+ | 2 | 67% |
Key Valuation Factors
Severity and permanence of plaintiff's injuries (e.g., paralysis, TBI, wrongful death)Defendant's prior notice of the dangerous condition (actual vs. constructive notice)Governmental vs. private defendant status and applicable immunity protectionsPlaintiff's comparative fault allocation under New York's pure comparative negligence ruleQuality and completeness of property inspection, maintenance, and incident documentation records
Key Trends & Insights
Premises Liability verdicts in New York demonstrate a highly polarized outcome landscape, with a median of $22.3M and a mean of $15.6M reflecting significant skew driven by catastrophic injury cases, while a single outlier low verdict of $1.1M pulls the mean considerably below the median. The data suggests that when serious or permanent injuries are involved, New York juries — known for plaintiff-favorable tendencies — are willing to award substantial non-economic damages uncapped by state law, as evidenced by the $23.5M Lemache verdict and the $22.3M Hedges outcome. The stark contrast between the high-value majority and the Pasternak county defendant case may also indicate that governmental defendants face different practical recovery dynamics, including sovereign immunity considerations and damages caps under New York's Court of Claims framework.
Notable Cases
2024 · TopVerdict.com
Plaintiff suffered injuries in a construction accident due to dangerous condition on premises. Case involved work accidents and workplace negligence.
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2024 · New York Injury Cases Blog
<cite index="72-1,72-2,72-6">Steven Pasternak was riding his motorcycle on a Chenango County road when he lost control and was thrown off, sustaining serious injuries including torn ligaments in ankle requiring surgery and cerebral contusion with small brain hemorrhages. He sued the county alleging
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2021 · Justia.com
Premises liability case where plaintiff Marion Hedges was struck by a shopping cart thrown by two 12-year-old boys from the fourth floor of a mall. The jury originally awarded $45.2 million but this was reduced on appeal to approximately $22.3 million total for the family.
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