New York Premises Liability Injury Laws

Premises liability is an essential aspect of personal injury law that deals with the responsibility of property owners for injuries sustained on their property. In New York, as in other states, property owners have a legal duty to maintain a safe environment for visitors and to take reasonable precautions to prevent injuries. This article provides an in-depth analysis of premises liability injury cases in New York, including the relevant laws, various types of premises-related accidents, examples of each type, and the injuries that may result from these accidents.

The primary legal foundation for premises liability in New York is found in common law, which is a collection of legal principles derived from judicial decisions rather than statutes. In particular, the duties of property owners are shaped by the body of case law that has developed over time. Additionally, the New York State Legislature has enacted several statutes that impact premises liability cases, including New York’s General Obligations Law and the New York Multiple Dwelling Law.

Common Law

Under New York common law, a property owner’s duty to maintain a safe environment depends on the visitor’s status on the property. There are three general categories of visitors:

1. Invitees: Invitees are individuals who enter the property for a purpose that benefits the property owner, such as customers in a store. Property owners owe the highest duty of care to invitees and must take reasonable precautions to ensure their safety.
2. Licensees: Licensees enter the property with the owner’s permission but for their own purposes. Social guests, for example, are considered licensees. Property owners must warn licensees of any known dangers on the property that may not be obvious to the visitor.
3. Trespassers: Trespassers enter the property without the owner’s permission. Property owners owe the lowest duty of care to trespassers, and they are generally only required to refrain from intentionally harming them.

Statutory Law

1. New York General Obligations Law: Section 9-103 of the New York General Obligations Law addresses the liability of property owners for injuries sustained by individuals who engage in recreational activities on the property. This statute provides that property owners who allow the public to use their land for recreational purposes without charging a fee are generally not liable for injuries, except in cases of willful or malicious acts.
2. New York Multiple Dwelling Law: The Multiple Dwelling Law regulates the safety and maintenance of buildings containing three or more residential units. Property owners must comply with various safety and maintenance requirements, including providing proper lighting, maintaining safe stairways and elevators, and ensuring that doors and windows are secure.

Types of Premises-Related Accidents

Premises liability accidents can occur in various settings, including private homes, commercial establishments, and public spaces. Some common types of premises-related accidents include:

Slip and Fall Accidents – Slip and fall accidents are among the most common types of premises liability cases. These accidents can occur when property owners fail to address hazardous conditions, such as wet or icy surfaces, uneven flooring, or inadequate lighting.

Example: A customer at a grocery store slips on a wet floor and suffers a broken wrist. The store failed to place warning signs or address the spill in a timely manner, resulting in the customer’s injury.

Inadequate Security – Property owners may be held liable for injuries resulting from inadequate security measures, especially in areas where criminal activity is known to occur. This can include insufficient lighting, broken locks, or a lack of security personnel.

Example: A tenant in an apartment building is assaulted in the poorly lit parking lot. The building owner had been notified of previous criminal activity in the area but failed to take appropriate security measures , such as installing additional lighting or hiring security guards. As a result, the tenant sustained serious injuries during the assault.

Elevator and Escalator Accidents – Improper maintenance, mechanical failures, or design defects can cause elevator and escalator accidents. Property owners have a duty to ensure that these devices are properly maintained and safe for use.

Example: A patron in a shopping mall is injured when an escalator suddenly stops and causes them to fall. The investigation reveals that the property owner failed to conduct regular maintenance on the escalator, leading to the malfunction and the patron’s injuries.

Swimming Pool Accidents – Swimming pool accidents can involve drowning, near-drowning, or other injuries resulting from inadequate safety measures or improper maintenance. Property owners must ensure that swimming pools are properly maintained and equipped with safety features such as fencing, pool covers, and life-saving equipment.

Example: A child drowns in a neighbor’s backyard pool that lacked a proper fence and self-closing gate. The property owner’s negligence in failing to secure the pool contributed to the child’s tragic death.

Dog Bites – Property owners can be held liable for injuries caused by their pets, particularly in cases where the owner knew or should have known that the animal posed a danger to others.

Example: A visitor to a private home is bitten by the homeowner’s dog, which has a history of aggressive behavior. The dog’s owner failed to warn the visitor about the dog’s temperament or to restrain the dog, resulting in the visitor sustaining serious injuries.

Toxic Exposure – Exposure to toxic substances on a property, such as mold, asbestos, or lead paint, can result in long-term health problems or even death. Property owners must take steps to identify and remediate any hazardous materials on their premises.

Example: A tenant develops chronic respiratory issues due to prolonged exposure to mold in their apartment. The property owner had been notified of the mold problem but failed to address it in a timely manner, resulting in the tenant’s ongoing health problems.

Injuries Sustained in Premises Liability Accidents

Injuries resulting from premises liability accidents can range from minor to severe or even fatal.

Some common injuries sustained in these accidents include:

1. Broken bones
2. Sprains and strains
3. Traumatic brain injuries
4. Spinal cord injuries
5. Cuts and abrasions
6. Burns
7. Drowning or near-drowning
8. Injuries from exposure to toxic substances

Pursuing a Premises Liability Claim in New York

To succeed in a premises liability claim in New York, the injured party must prove the following elements:

1. The defendant occupied, owned, or controlled the property where the accident occurred.
2. The defendant acted negligently in the maintenance or management of the property.
3. The plaintiff was injured as a direct result of the defendant’s negligence.
4. The plaintiff suffered damages, such as lost earnings, medical expenses, or pain and suffering, as a result of the injury.

It is essential for individuals who have been injured in a premises liability accident to consult with an experienced personal injury attorney. The attorney can help gather evidence, determine the appropriate legal strategy, and ensure that the injured party receives the compensation they deserve.

Premises liability injury cases in New York encompass a wide range of accidents and injuries. Property owners have a legal duty to maintain a safe environment for visitors and to take reasonable precautions to prevent injuries. Understanding the relevant laws, types of accidents, and injuries that may result from these accidents is crucial for both property owners and those who have been injured on another’s property. By being aware of the potential hazards and taking appropriate steps to address them, property owners can help prevent accidents and protect themselves from liability. On the other hand, individuals who have suffered injuries due to the negligence of property owners can pursue legal action to recover damages for their damages, such as medical expenses, lost earnings, and pain and suffering. In New York, premises liability cases can arise from slip and falls, trip and falls, inadequate security, construction accidents, and more.

To establish a premises liability case in New York, the injured party must show that the property owner had knowledge of the hazardous condition or should have known about it, failed to take reasonable steps to correct the issue and that this negligence directly caused the injury. Additionally, the injured party must have been lawfully present on the property at the time of the accident. Individuals who have been injured due to the negligence of property owners can seek legal recourse to recover compensation for their losses.

CONTACT PARKER WAICHMAN LLP FOR A FREE CASE REVIEW

If you or a loved one suffered serious harm due to a premises liability accident, contact our us today for a free case review. You or your family member could receive significant monetary compensation for your injuries or for the loss of a loved one.

Time is limited, so don’t hesitate to get in touch with our firm. Call Parker Waichman LLP at 1-800-YOUR-LAWYER (1-800-968-7529) to understand your rights and options. If qualified, our attorneys will work hard to obtain the financial compensation you or your loved one deserves.