Premises liability in New York deals with unsafe property conditions due to the owner’s lack of maintenance or care, resulting in injury to someone who enters the property. In a premises liability case, such as slip-and-fall, the injured party may need to supply proof that the property owner is liable. The first step involves the injured party proving he or she was legally on the property. The second step in a premises liability claim is proving that the owner failed to fix or block off a danger on the property that a reasonable person would recognize.
If someone is injured while legally on someone’s property and the property is dangerous in some way in which the owner is aware but did not warn the guest or fix the problem, the owner is liable. Generally, this is if the owner permitted access to the property. For instance, if an object goes into someone’s yard, which is locked with warnings to stay out, and the owner allows the object’s owner to retrieve it, the property owner granted entrance. If a dog waits inside the fence and the object’s owner is bitten, the property owner is liable.
If a worker is injured due to dangers on a property known to the owner, the property owner is responsible. If someone trespasses and is unknown to the owner, the owner may not be liable for injuries that the trespasser suffered. The exception to this is if there is a dangerous on the property that the property owner knows would attract children, such as an unfenced pool.
An attorney could help someone prove that their injury was due to an owner’s negligence by reviewing the circumstances surrounding the incident. The attorney may file a personal injury claim to help the individual recover financial damages from medical care and time lost at work.
Source: New York City Bar, “Premises Liability“, September 15, 2014