In New York, premises liability law states that anyone who owns property has a responsibility to keep that property free of hazardous conditions that may foreseeably cause harm to a person. If they fail to do so and that hazard was the cause of your injury, the law allows you to take legal action and seek financial compensation from the property owner and/or others who were responsible for maintaining the property.
If you want to know more about how New York law protects you against negligent property owners, our New York slip and fall accident lawyers are available to talk through your situation and provide you with guidance, to protect your rights and compensate you for the harm you’ve suffered.
- What Must New York Property Owners Do to Protect Visitors?
- The Consequences of Violating Premises Liability Laws
- What Can You Do if Someone Violates New York’s Premises Liability Law?
- Our New York Premises Liability Lawyers Are Here for You
What Must New York Property Owners Do to Protect Visitors?
Premises liability law in New York provides that property must be kept “safe” for most visitors and most kinds of uses. Your town or village code of ordinances likely has more specific details on the responsibilities of property owners. These often include but are not limited to:
- Mowing the lawn and trimming trees and bushes so they do not become unsightly or obscure visibility or hazards
- Putting down ice melt and promptly shoveling sidewalks when it snows
- Keeping common walkways clear of tripping hazards, like foreign objects or loose wires
- Clearing away potential dangers, like stagnant water, liquid spills, or filled garbage bags
- Repairing any area of the property that has become run down, such as stairways or patios
- Fixing or replacing equipment, such as a stove or a heating unit, that does not work properly
- Keeping dogs properly leashed or contained, especially dogs with a history of attacking people
- Installing appropriate security measures, such as adequate lighting and ensuring that all windows and doors work properly (e.g., they lock firmly to keep out intruders but can easily be opened in the event of an emergency)
- Posting warning signs about hazards they cannot address immediately so that visitors know what to watch out for
Who Do Premises Liability Laws Apply To?
Laws like the ones described here apply to anyone and everyone who owns property. This includes:
- Homeowners
- Apartment building owners
- Business owners, including those who own office space, shops, restaurants, entertainment venues, and tourist attractions
The law also applies to some renters and lessees. For instance, if a store rents space from another entity, then the store might assume legal responsibility for caring for the space.
Exceptions to New York Premises Liability Laws
GOB 24A § 9-103 lists some exceptions to the obligations of property owners. For example, if you get permission to go hiking on someone else’s property, that permission does not guarantee a safe experience, and the owner is not liable for any injuries you sustain.
For a free legal consultation, call 516-932-0400
The Consequences of Violating Premises Liability Laws
This body of law exists for a reason: to protect people as they go about their day-to-day business. Even a single violation of specific code regulation or departure from rules that are well settled by centuries of premises liability case law could have disastrous, even fatal, consequences.
Accidents That May Result From Premises Liability Law Violations and Departures
Failures to adhere to the applicable premises liability law as described above could lead to severe personal injury through a:
- Slip and fall accident
- Dog bite
- Swimming pool accident
- Negligent security incident
Older New Yorkers Are Especially Susceptible to Falls
Slip and fall accidents are painful and embarrassing for everyone, but people who are 65 and older may have health and balance issues that make them more susceptible to severe premises liability injuries.
The Centers for Disease Control and Prevention (CDC) found that 1,651 older New Yorkers died from fall injuries in 2021. Not all of these falls were related to premises liability, but they do show how catastrophic a slip and fall accident can be. If you lost a loved one in a premises liability accident, we are sorry for your loss and are here to help. It is important to note that all cases are governed by statutes of limitation that impose a deadline for commencing a legal action. Failure to act within the time set by law will eliminate an injured person, or the survivors of a wrongful death victim, from receiving compensation for the harm they’ve suffered. We invite you to call us as soon as possible for a free case review. This way you will know what deadlines you are facing and what your best options for legal action are. us.
What Can You Do if Someone Violates New York’s Premises Liability Law?
If you were injured by a preventable hazard on someone else’s property, the property owner owes you compensation. Types of damages that you could potentially collect include:
- Pain and suffering, including emotional distress
- Physically or intellectually disabling injuries
- Impaired quality of life and lost independence
- Past and future medical expenses related to the accident
- Past and future lost wages related to the accident
- Property damage to your personal possessions (e.g., a vehicle)
Seeking Appropriate Compensation After a Premises Liability Accident
While you are entitled to damages after an accident that was not your fault, the property owner and/or their insurance company might resist paying you. This is especially true if the at-fault party is a large company, such as a big box store or a powerful corporation whose offices you were injured in.
One of your first steps toward seeking compensation could be to contact our premises liability attorneys. We help injury victims by:
- Providing frequent case updates
- Identifying the at-fault party (e.g., determining whether they are the property owner, lessee, or manager)
- Speaking to all other parties involved in any capacity in your case, including the liable party, their representatives, and the judge overseeing the case
- Collecting evidence to prove the at-fault party owes you damages
- Calculating your losses so you ask for an appropriate amount
- Advocating relentlessly to win the best possible case outcome
Learning About Premises Liability Law
You do not have to become an expert in New York’s premises liability law to hold a negligent property owner accountable. Our law firm is already familiar with all of the laws that could apply to your case and how to use those laws to our clients’ advantage.
The bottom line is this: when a property owner allows unsafe conditions to exist on their property, they are responsible for any injuries that occur to the people they invite onto their property to work, study, shop, or visit. Our firm will explain this right to you in more detail and help you fight for justice.
Click to contact our personal injury lawyers today
Our New York Premises Liability Lawyers Are Here for You
Friedman & Simon, L.L.P., has over a century of combined experience with personal injury law. That means we are very familiar with premises liability law in New York, how the law applies to your situation, and how to pursue appropriate compensation for your losses. Call now for a free initial consultation.
Call or text 516-932-0400 or complete a Free Case Evaluation form