Premises liability has to do with a property owner’s responsibility for dangerous conditions that lead to accidents and injuries on their property.
Owners (and their tenants) have a responsibility to keep their property in a reasonably safe condition, to fix problems and to warn of known dangers. If they fail to live up to this responsibility then they can be held liable.
The Burden of Proof in New York Premises Liability Cases
Property owners and occupiers have a duty of care to protect visitors. Premises liability claims typically arise when an owner or occupier breaches this duty and a guest suffers harm as a result. In these cases, the burden of proof is on the injured party to prove they suffered injuries due to the owner or occupier’s negligence.
Elements of a New York Premises Liability Case
To prove a premises liability claim, you must first establish the following elements:
- That a dangerous condition caused your fall;
- That the property owner either created that dangerous condition, or that they knew/should have known that it existed and did nothing to make it safe;
Most importantly you must know what caused you to fall. Premises liability cases in New York are routinely dismissed where the injured person does not know the cause of their fall. This is why it is so important to protect your rights immediately following a premises accident.
How the Type of Visitor Can Affect NY Premises Liability Cases
Under New York premises liability laws, property owners owe different levels of care depending on the type of visitor on their property. Visitors are generally classified into three categories: invitees, licensees, and trespassers, and the duty of care owed varies for each.
Invitees
An invitee is someone who enters the property for a purpose related to the property owner’s business or benefit. This could be a customer entering a store, a guest at a hotel, or a contractor hired to perform work on the property. Property owners owe the highest duty of care to invitees, meaning they must regularly inspect the premises, fix any hazards, and provide warnings of dangerous conditions. For example, if a supermarket customer slips on a wet floor that wasn’t properly marked, the property owner could be liable because they failed to warn the invitee of the hazard.
Licensees
A licensee is someone who enters the property with the owner’s permission for their own purpose or benefit rather than the owner’s business interests. This could include a social guest visiting a friend’s home. For licensees, property owners owe a slightly lower duty of care than for invitees. They are required to maintain the property in a reasonably safe condition and to warn licensees of any known dangers, but they are not obligated to inspect the premises as frequently. For instance, if a homeowner knows of a loose railing and fails to inform a guest who then gets injured, the homeowner could be held liable under New York premises liability laws.
Trespassers
A trespasser is someone who enters the property without permission or legal right. In general, property owners owe the least duty of care to trespassers, meaning they are not required to maintain their property in a safe condition for them. However, owners cannot deliberately cause harm to trespassers. There are exceptions for child trespassers under the “attractive nuisance” doctrine, where property owners may be liable if a child is injured by something dangerous and enticing on the property, like an unsecured swimming pool.
Common Locations of Premises Liability Injury Accidents
Premises liability claims can occur in a wide variety of places. The most common locations include:
- Apartment buildings;
- Stores;
- Office buildings;
- Restaurants;
- Hotels; and
- Construction sites.
Essentially, anywhere people are using property can serve as the backdrop for a premises liability claim. The owners, tenants and others in charge of these locations have a legal responsibility to keep their property safe for all guests and visitors who use it. If they have been negligent in keeping their premises safe for all, this leaves them at risk for accidents and lawsuits.
Common Types of Premises Liability Lawsuits
Premises liability lawsuits will differ depending on the circumstances of the case. Some common examples of the typical cases that arise against negligent property owners include:
- Slip and fall on a mopped floor;
- Trip and fall on an uneven or broken up sidewalk;
- Slip/Trip and fall as a result of broken stairs;
- Ceiling collapses;
- Elevator and escalator accidents;
- Slip and fall on snow and ice.
Many different circumstances can bring about a premises liability claim. It is wise to speak to an attorney if you believe you may have a case.
Talk to a Qualified New York Premises Liability Attorney
If you’ve suffered an accident on another’s property, you may have a premises liability claim. A qualified premises liability lawyer in New York will review the details of your situation and help build your case. Do not hesitate to contact an attorney as soon as possible.
Ferrante and Koenig is a team of knowledgeable and experienced personal injury attorneys. We understand the complexities of these kinds of cases and are always ready to take on any challenge. Our team offers the highest quality legal representation when you need it most. We offer free case evaluations. Contact us today.
