Premises Liability in New York

On July 21, 2023 by No Comments

Premises liability is a crucial legal concept that places property owners responsible for maintaining safe conditions for visitors and guests. In New York, property owners must ensure that their premises are free from hazards and dangerous conditions that could cause harm to others. When they fail to meet this duty, innocent individuals may suffer injuries or accidents due to negligence. 

Understanding Premises Liability in New York

Premises liability is a legal doctrine that holds property owners or occupiers responsible for injuries sustained by individuals while on their property. Under New York law, property owners owe different levels of care to visitors based on their status:

• Invitees: Property owners have the highest duty of care towards invitees, who are individuals invited onto the property for business purposes or mutual benefit. Examples include customers in a store or clients in an office.
• Licensees: Licensees are individuals who have the property owner’s permission to be on the premises, but the visit is for their own purposes. An example would be social guests or friends visiting someone’s home.
• Trespassers: Property owners generally owe a limited duty of care to trespassers. They must avoid intentionally harming them, but they do not have the same obligation to maintain a safe environment as they do for invitees and licensees.

Common Types of Premises Liability Accidents

• Slip and Fall Accidents: One of the most common premises liability accidents, slip, and fall incidents occur due to wet floors, uneven surfaces, poorly maintained walkways, or insufficient lighting.
• Inadequate Security: Property owners are responsible for providing adequate security measures to protect visitors from foreseeable criminal activities, such as assaults or robberies. Neglecting security measures can lead to premises liability claims if visitors are harmed.
• Defective Conditions: Property owners must promptly address and repair defects like broken stairs, loose handrails, or faulty elevators that can lead to accidents.
• Falling Objects: Failure to secure objects or merchandise properly can result in objects falling and causing injuries to visitors.
• Dog Bites: Property owners can be held liable for injuries caused by their dogs if they were aware of the dog’s dangerous tendencies or failed to prevent an attack.

Holding Negligent Property Owners Accountable

If you or a loved one has suffered injuries due to a property owner’s negligence in New York, there are essential steps to take to hold them accountable for their actions:

• Seek Medical Attention: Your health and safety are of utmost importance. Seek immediate medical attention for your injuries, even if they appear minor. Documenting your injuries will also be vital for any future legal claims.
• Consult an Experienced Premises Liability Attorney: It is essential to consult with an experienced premises liability attorney who can assess the circumstances of your case, guide you through the legal process, and protect your rights.
• Gather Documentation: Provide your attorney with all relevant documentation, including medical records, photographs, witness statements, and any other evidence related to the accident.
• Negotiation or Lawsuit: Your attorney will work to negotiate a fair settlement with the property owner’s insurance company. If a fair resolution cannot be reached, they may advise you to file a lawsuit to seek compensation for your injuries and damages.

Premises liability is vital to New York’s legal system, ensuring that property owners uphold their responsibility to maintain safe conditions for visitors and guests. If you or someone you know has been injured on someone else’s property due to negligence, you can seek compensation for your damages. By understanding your legal rights and working with an experienced premises liability attorney, you can hold negligent property owners accountable and receive the compensation you deserve for your injuries and losses.