Defining and Understanding Premises Liability: A Guide for New York Injury Victims
Premises liability is an important part of civil law in New York State.
However, what it actually covers is unfamiliar to most people, both those who own property (potential defendants) and those who use it (potential plaintiffs).
Here’s a very brief introduction to some of the most important concepts used in premises liability cases.
| Concept | Definition |
|---|---|
| Premises | A legally defined area of land or structures that someone is in legal control of |
| Liability | Legal responsibility for actions taken or required actions not taken |
| Duty of Reasonable Care | Property owners must keep premises safe for visitors and users |
| Dangerous Condition | A hazard that the property owner caused or failed to correct |
Premises and Liability
A premise is a legally defined area. It’s the land or the structures on it—or a combination thereof.
It might cover a lot of ground, such as an entire shopping mall and its parking lots, or only a small amount, such as a single apartment or a small stretch of sidewalk.
There’s no single strict definition, and determining what qualifies as the premises in question is sometimes an important part of a case.
Liability is the idea of legal responsibility. It includes the actions that a person takes and, just as important, the actions a person is required to take—but doesn’t.
These ideas come together in personal injury cases when a person is harmed while on another’s property. When that harm happens because the property owner (or other person responsible for the premises) either caused a dangerous condition or failed to correct a dangerous condition, then the victim can make a claim for compensation for the harm caused.
A Duty of Reasonable Care
The law in New York states that the person in control of premises has a duty to keep them in a safe condition for those who use or visit those premises.
Following this idea, landlords need to keep common areas free of hazards; grocery store owners need to make sure that spills are cleaned from floors to prevent slip-and-falls; parking garage operators need to make sure that their facilities are well lit to deter crime and reduce injury; and businesses of all kinds need to clear snow and ice from their sidewalks to prevent conditions that could lead to sidewalk accidents.
Property owners are also responsible for preventing school accidents and workplace injuries on their premises.
Liability Not Unlimited
It might seem like these guidelines put an unreasonable burden on premises owners, but the law isn’t indifferent to reality. Liable defects can’t be trivial, nor can they be so obvious that any thinking person should have avoided them.
Premises owners also aren’t expected to fix conditions instantaneously, nor are they responsible for harm that happens in areas not publicly accessible: Trespassers are not usually covered. Owners also might be off the hook for conditions created by others without their knowledge.
| ✓ LIABLE | ✗ NOT LIABLE |
|---|---|
| • Created dangerous condition • Failed to fix known hazard • Significant defect • Non-obvious hazard • Publicly accessible area • Had knowledge of condition |
• Trivial defects • Obviously dangerous • Trespassers injured • Non-public areas • No knowledge of condition • Cannot fix instantly |
Frequently Asked Questions
Here are answers to the most common questions.
Q: What does premises liability refer to?
A: Premises liability refers to the legal responsibility property owners have to keep their property safe for visitors and users.
When someone is injured due to a dangerous condition that the property owner caused or failed to correct, the injured person may have grounds for a compensation claim.
Q: What are common examples of premises liability claims?
A: Most premises liability claims involve slip-and-fall accidents, inadequate lighting in parking garages, failure to clear snow and ice from sidewalks, negligent security, elevator accidents, and hazardous conditions in common areas of apartment buildings or retail stores.
Q: When is a property owner liable for injuries on their property?
A: Property owner negligence occurs when they either create a dangerous condition or fail to fix a known hazard.
However, property owners are not liable for trivial defects, obvious hazards that any reasonable person would avoid, injuries to trespassers, or conditions created by others without their knowledge.
Q: What is the “duty of reasonable care” in New York?
A: New York law requires property owners to maintain their premises in a safe condition for those who visit or use them.
This includes keeping common areas hazard-free, cleaning spills promptly, ensuring adequate lighting, and removing snow and ice from walkways.
Q: Are property owners always responsible for accidents on their property?
A: No. Liability is not unlimited.
Property owners aren’t expected to fix conditions instantly, aren’t responsible for harm in non-public areas, and generally aren’t liable for injuries to trespassers or conditions they did not know of.
Q: Do I need a lawyer for a premises liability case?
A: Yes. Every premises liability case is unique, involving different locations, circumstances, and levels of liability.
An experienced premises liability lawyer understands the complexities of New York law and can help you navigate your claim to ensure you receive fair compensation.
New York Premises Liability Lawyers
Every premises liability case is unique. The location, the circumstances, the liability of the defendant, and the harm to the plaintiff are all different in every situation. That’s why when you’ve been injured because of someone else’s negligence, it’s important to work with a firm that understands all the ins and outs of premises liability law.
Whether your case involves a sidewalk, an elevator, an accident at a restaurant or a retail store, or an incident of landlord negligence, Greenstein & Pittari, LLP has the experience you need.
Call us today at 1-800-VICTIM2 (842-8462) or contact us online to schedule a free consultation to discuss your one-of-a-kind situation.