The Open & Obvious Defense: Minimizing Dangerous Conditions in New York City
The Open & Obvious Defense: Minimizing Dangerous Conditions in New York City
If you were injured on someone else’s property in New York City, you may have a valid premises liability claim. Property owners, landlords, building managers, and businesses in NYC are legally required to take reasonable steps to keep their premises safe and to address dangerous conditions that can foreseeably cause harm.
After a slip and fall, trip and fall, or other premises accident, many property owners and insurance companies rely on a familiar argument:
“The hazard was open and obvious. You should have seen it.”
At Greenstein & Pittari, LLP, we know how misleading this defense can be. In a city as crowded, fast-paced, and complex as New York, visibility alone does not make a condition safe. A hazard can be visible and still be unreasonably dangerous.
If you were injured in Manhattan, Brooklyn, Queens, the Bronx, or Staten Island, our New York City personal injury lawyers are ready to help you fight back and pursue the compensation you deserve.
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Premises Liability Law in New York City
Under New York law, property owners have a duty to maintain their premises in a reasonably safe condition based on the circumstances. This duty applies to apartment buildings, stores, restaurants, offices, construction sites, and other properties throughout New York City.
Common premises liability hazards in NYC include:
- Wet or slippery floors in stores, lobbies, and restaurants
- Broken or uneven stairs
- Missing, loose, or defective handrails
- Uneven sidewalks and trip hazards near buildings
- Malfunctioning elevators or escalators
- Construction zones without proper warnings or barriers
- Debris, cords, mats, or clutter left in walkways
When these conditions cause injuries, property owners may be held legally responsible.
What Is the Open and Obvious Defense in New York?
The open-and-obvious defense is a legal argument used by property owners to claim they should not be held liable because the dangerous condition was clearly visible and could have been avoided by a reasonable person exercising ordinary care.
Property owners often argue that:
- The condition was easy to see
- A reasonable person would have noticed it
- The injured person should have avoided it
Examples often cited include visible potholes, wet floors with warning signs, patches of ice, or construction areas marked with cones.
However, New York courts do not treat open-and-obvious hazards as an automatic bar to recovery.
Why the Open and Obvious Defense Does Not Automatically End a NYC Injury Case
Even if a hazard is visible, property owners may still be liable if they failed to take reasonable steps to protect visitors from foreseeable harm.
The open and obvious defense often fails when:
- The condition was still unreasonably dangerous
- Lighting, glare, shadows, or weather reduced visibility
- Crowds or foot traffic made avoidance unrealistic
- The hazard blocked the only reasonable entrance or exit
- The owner failed to repair, secure, or properly maintain the area
- The hazard blended into the surroundings due to poor contrast or uneven surfaces
In New York City, being visible does not mean being safe.
Duty to Warn Versus Duty to Maintain Safe Property
One of the most important legal distinctions in New York premises liability cases is the difference between the duty to warn and the duty to maintain safe premises.
An open-and-obvious condition may reduce a property owner’s duty to warn.
It does not automatically eliminate the duty to keep the property reasonably safe.
This means a property owner can still be liable for failing to fix or secure a dangerous condition even if it was visible.
How New York Courts Evaluate Open and Obvious Hazards
Courts in New York City analyze open-and-obvious claims on a case-by-case basis. Judges and juries often consider whether a reasonable person in the same situation would have noticed the hazard and avoided it.
Factors commonly evaluated include:
- Lighting conditions and time of day
- Weather conditions such as rain, snow, or ice
- Crowding, distractions, or narrow walkways
- The inherent danger of the condition
- Whether the injured person acted reasonably
Many cases proceed to trial because reasonable people can disagree about whether a hazard was truly avoidable.
Common NYC Hazards Labeled as Open and Obvious
Property owners frequently attempt to label the following conditions as open and obvious:
- Lifted tiles and uneven flooring
- Wet floors in grocery stores and apartment lobbies
- Missing or broken stair handrails
- Cracked steps and worn stair treads
- Sidewalk defects near storefronts
- Construction hazards without adequate barriers
- Loose mats, cords, or debris in walkways
- Ice and snow that was not correctly removed
If one of these hazards caused your injury, you may still have a strong claim.
Evidence That Helps Defeat the Open and Obvious Defense
Substantial evidence can show that the hazard was not reasonably avoidable or that the property owner failed to act responsibly.
Helpful evidence includes:
- Photos or video of the hazard and the surrounding area
- Proof of poor lighting or obstructed visibility
- Incident or accident reports
- Witness statements
- Surveillance footage
- Maintenance and inspection records
- Prior complaints or proof that the condition existed for a long time
- Medical records documenting your injuries
If you were unable to gather evidence at the scene, our legal team can look into it for you.
What to Do After a Slip and Fall or Premises Accident in NYC
If you are injured on someone else’s property in New York City, try to take the following steps:
- Seek medical attention immediately
- Report the incident to the property owner or manager
- Photograph the hazard and the surrounding area
- Document lighting, signs, and crowd conditions
- Collect contact information from witnesses
- Preserve your footwear and clothing
- Avoid giving recorded statements to insurance companies before speaking with a lawyer
How Greenstein & Pittari, LLP Helps Injured New Yorkers
When insurance companies claim a hazard was open and obvious, our attorneys focus on the whole picture:
- Why the condition was dangerous
- What the property owner knew or should have known
- Whether reasonable safety measures were ignored
- How the injury affected your health, work, and daily life
We represent injured clients across Manhattan, Brooklyn, Queens, the Bronx, and Staten Island, handling slip and fall accidents, trip-and-fall injuries, unsafe staircases, sidewalk defects, and other premises liability claims.
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You do not pay us unless we recover compensation.
Frequently Asked Questions About the Open and Obvious Defense in NYC
Does an open-and-obvious hazard prevent me from suing in New York?
No. Visibility alone does not automatically defeat a premises liability claim.
What if I saw the hazard before I fell?
You may still have a case if the condition was unavoidable or unreasonably dangerous.
Can my compensation be reduced if I was partly at fault?
Yes. New York follows comparative negligence rules. Compensation may be reduced but not automatically eliminated.
What if the hazard blocked the only entrance or exit?
That can significantly weaken the open-and-obvious defense.
Do warning signs protect property owners from liability?
Warning signs help, but do not excuse unsafe property maintenance.
Who decides whether a hazard was open and obvious?
Usually, a judge or jury, depending on whether facts are disputed.
How long do I have to file a premises liability claim in NYC?
Deadlines vary depending on the property owner and circumstances. I think speaking with a lawyer early is critical.
What happens during a free consultation?
We review what happened, explain your legal options, and answer your questions with no pressure.
Why Choose Greenstein & Pittari, LLP
- Local Harlem office and multiple NYC-area locations
- No fee unless we win your case through our Fee Guarantee
- Bilingual legal services available
- Hundreds of positive client reviews and testimonials
- We handle the insurance companies so you can focus on healing
- Top-rated, award-winning personal injury lawyers
Don’t Be a Victim Twice
Greenstein & Pittari, LLP, focuses exclusively on personal injury law. We fight for injured New Yorkers every day and are known for results, responsiveness, and relentless advocacy.
We have offices in Harlem, the Bronx, Brooklyn, Queens, Staten Island, Yonkers, and Nassau County.
Call 1-800-VICTIM2 (1-800-842-8462) today to schedule your free consultation.
The call is free. The consultation is free. You do not pay us unless we are successful.
Greenstein & Pittari, LLP
New York City Premises Liability Lawyers
Serving Manhattan, Brooklyn, Queens, the Bronx, and Staten Island