What Is Premises Liability in New York: Your Rights When Injured on Someone's Property

Millions of people were injured last year due to slip and fall and other premises liability accidents. When these incidents happen on someone's property due to negligent maintenance or hazardous conditions, the consequences can be life-altering. Whether it's a slip and fall in a grocery store or an injury at a neighbor's home, these incidents fall under premises liability law — a specialized area of personal injury law that determines who bears responsibility when visitors sustain injuries on private property.

At Fellows Hymowitz Rice, our attorneys bring over 100 years of combined experience to premises liability cases across New York. With their deep knowledge of premises liability law and proven track record of successful settlements and verdicts, our team stands ready to fight to win you the maximum compensation for your injuries.

What Is Premises Liability?

Premises liability refers to a property owner's legal responsibility for injuries that occur on their property due to dangerous or defective conditions. Premises liability law encompasses all property types, including homes, businesses, corporate buildings, parks, and construction sites. When a person, business, or government agency owns, manages, or generally controls a property, they can be held responsible for injuries that occur. New York’s premises liability law stems from statutory regulations and case law establishing specific obligations for property owners.

According to multiple precedent-setting cases, including Basso v. Miller, 40 N.Y.2d 233 (1976), New York follows a "single standard of reasonable care" doctrine. This landmark ruling eliminated the traditional classifications of visitors (invitees, licensees, trespassers) and established that property owners must maintain reasonably safe conditions for anyone entering their premises.

The New York State Multiple Dwelling Law and various local building codes further define property owners' responsibilities, particularly for apartment buildings and commercial properties in urban areas.

The Impact of Premises Liability Claims in New York

Recent statistics reveal a significant number of incidents and the severity of the injuries caused by premises liability accidents to unsuspecting New Yorkers. In fiscal year 2023 alone, New York City paid out approximately $1.45 billion in settlements for personal injury and property damage claims, which include slip and falls, medical malpractice, motor vehicle crashes, and property damage incidents.

While the total number of tort claims filed decreased by six percent to 33,138 in 2023, the settlement amounts remained historically high. This data demonstrates the serious consequences that unsafe premises can have on individuals and the substantial financial risk property owners face when negligence leads to injury.

For property owners, these statistics highlight the importance of maintaining safe conditions. For injured parties, they show that the legal system recognizes the significant impact these injuries have on victims' lives, resulting in meaningful compensation in successful premises liability claims.

Common Types of Premises Liability Accidents

Premises liability encompasses a wide range of accident scenarios that can lead to significant injuries.

Before examining specific situations, it's important to recognize that these accidents often share a common thread: they could have been prevented with proper property maintenance and safety protocols.

• Slip and fall accidents caused by wet floors, ice, or uneven surfaces.
• Inadequate security leading to assaults or other criminal activity.
• Swimming pool accidents resulting in drowning or serious injuries.
• Elevator and escalator malfunctions.
• Staircase accidents from broken steps or missing handrails.
• Dog bites and animal attacks.
• Falling objects from store shelves or construction sites.
• Toxic exposure to chemicals, mold, or other harmful substances.
• Fires due to code violations or faulty wiring.
• Amusement park accidents from equipment failure.

Each type of premises liability accident presents unique challenges for injured persons seeking compensation. For instance, slip and fall accidents — the most common premises liability claim — often require proving that the dangerous condition existed for a sufficient period of time that the property owner should have addressed it.

Property Owner Obligations Under New York Law

Property owners have a legal responsibility to keep their premises safe. Not only must an owner maintain the property to adhere to all local property laws regarding how the property looks, with any applicable permits and keeping valid insurance, but they are also responsible for making sure the property is free of hazardous conditions that could potentially harm a visitor, guest, customer, or tenant.

Recognizing these obligations forms the foundation of any premises liability lawsuit.

The law requires property owners to:

• Regularly inspect the property to identify potential hazards.
• Promptly repair known dangerous conditions.
• Provide adequate warning of hazards that cannot be immediately fixed.
• Maintain proper lighting in all areas accessible to visitors.
• Comply with all applicable building codes and safety regulations.
• Remove snow and ice from walkways within a reasonable timeframe, including keeping sidewalks shoveled and clear of debris.
• Provide adequate security measures in areas with known criminal activity.
• Secure swimming pools and other attractive nuisances.
• Maintain safe stairways, elevators, and other access points.
• Keep the property free from toxic substances and environmental hazards.
• Maintain appropriate premises liability insurance coverage.

If an owner does not keep their property in a safe condition and someone is injured, the owner can be held legally responsible for all injuries, medical costs, and additional damages sought by the injured party. While the specific duty varies based on the property type and circumstances, all property owners must exercise reasonable care to prevent foreseeable injuries to lawful visitors.

How to Prove a Premises Liability Case

Establishing liability in a premises liability claim requires demonstrating several elements. The process involves gathering evidence, documenting injuries, and building a compelling case that shows how the property owner's negligence directly caused harm.

Demonstrating Duty of Care

The first step in any premises liability case is proving that the property owner owed you a duty of care. This element is typically straightforward for visitors to private property or business establishments under New York's unified standard of reasonable care.

Evidence to establish this relationship might include:

• Receipts showing you were a customer
• Invitation to the property
• Lease agreement if you're a tenant
• Employment records if injured at work

Establishing the Dangerous Condition

Next, you must prove that a dangerous condition existed on the premises.

This requires:

• Photographs of the hazardous condition
• Video surveillance footage
• Witness testimony
• Maintenance records
• Prior complaint history
• Expert testimony regarding building code violations

Hazards can include warped stairs, potholes in a parking lot, or an unshoveled icy sidewalk. Property owners who fail to address these conditions may be held liable for resulting injuries.

Proving Owner Knowledge

A central element in premises liability claims involves showing that the property owner knew or should have known about the dangerous condition.

This can be demonstrated through:

• Direct evidence that the owner was notified of the hazard
• Store incident reports or maintenance logs
• Testimony from employees or former visitors
• Evidence that the condition existed for so long that the owner should have discovered it through reasonable inspection
• Proof of recurring problems that the owner failed to permanently address

Causation and Damages

Finally, you must establish that the dangerous condition directly caused your injuries and resulted in specific damages.

Documentation typically includes:

• Medical records linking your injuries to the accident
• Medical expenses and bills
• Lost wage documentation
• Expert testimony regarding future medical needs
• Evidence of pain and suffering

Building a strong premises liability case requires a thorough investigation and detailed documentation. Working with our experienced premises liability lawyer significantly improves your chances of successfully proving all required elements.

How a Premises Liability Lawyer Can Help

When facing the aftermath of an injury on someone's property, having an exceptional legal team in your corner can make all the difference in getting the most money possible for your injuries. A premises liability or personal injury lawyer brings valuable resources and knowledge to your situation.

A qualified attorney will:

• Conduct a thorough investigation of the accident scene and circumstances.
• Identify and preserve critical evidence before it disappears.
• Interview witnesses while memories remain fresh.
• Consult with medical professionals to document the full extent of your injuries.
• Calculate the true value of your claim, including future expenses.
• Deal directly with the insurance company on your behalf.
• Negotiate for fair compensation that covers all your losses.
• Prepare your case for trial if a fair settlement cannot be reached.
• Handle complex legal filings and procedural requirements.
• Ensure compliance with all applicable statutes of limitations.

Premises liability claims often involve battling large insurance companies with teams of attorneys working to minimize payouts. Without experienced premises liability attorneys advocating for your interests, you risk accepting a settlement far below what your case is worth.

Taking Action After a Premises Liability Accident

If you've suffered injuries on someone else's property due to negligent maintenance or hazardous conditions, time is of the essence. New York's statute of limitations generally allows three years from the date of injury to file premises liability claims, but this timeline can vary based on specific circumstances. For example, a minor has three years from their 18th birthday to file a claim, and a family has two years from the date of death to file a wrongful death claim if the premises liability accident led to the death. For government-owned and controlled property, you must file a notice of claim within 90 days, and a lawsuit within 1 year and 90 days.

At Fellows Hymowitz Rice, we focus exclusively on personal injury law, including premises liability cases throughout New York State. Our attorneys have the resources, knowledge, and determination to hold property owners accountable for their negligence. We handle all aspects of your premises liability lawsuit while you focus on recovery.