New York Premises Liability

Business owners, land owners, and construction companies have a legal responsibility for injuries that occur due to accidents that happen on their property. That legal responsibility is called premises liability.

When a person becomes injured on someone else’s property, and when those injuries were due to conduct or negligence on the part of the property owner, there may be cause for a premises liability lawsuit.

Business owners and managers may also be held responsible. The owner of a pawn shop located in a high crime area may be held liable for failing to provide adequate security. Customers who become victims of violent acts of crime may file suit against the business owner or manager.

Property, business owners, and construction site managers must maintain safe conditions for workers and customers. Property owners have the responsibility to guests to keep the premises safe. Damages may include payment for the cost of medical care and rehabilitation, payment for wages lost due to work missed, future earnings, and pain and suffering.

The following are some examples of reasons for premises liability claims:

• Failure to provide adequate security personnel in a high crime zone
• The lack of signs to alert workers or visitors to safety hazards, such as “slippery when wet” signs or “no diving” signs in shallow pools
• Injuries suffered due to faulty equipment on a construction site
• Failure to recognize and remove a slip and fall hazard
• Falling objects
• Uneven sidewalks or other walking surfaces
• Inadequate security lighting
• Failure to conduct timely inspections of elevators and escalators
• Accidents caused by negligence or improper maintenance
• Inadequate safety straps or harnesses
• Improper or inadequate training to operate heavy equipment
• Exposure to dangerous chemicals

Not all who suffer injuries on property under someone else’s control are candidates for filing premises liability claims. Each case is unique. You must prove negligence. For example, if you fall on a slippery surface caused by a customer knocking dish liquid off the grocery store shelf, you may not have a case. The spill is so immediate that store workers have no chance to take care of the spill. If, on the other hand, store employees including the store manager, knew about the spill for an extended amount of time and did nothing, you may have a premises liability case.

The legal status of guests/visitors on properties includes the following:

1. Invitees
2. Social guests
3. Licensees
4. Trespassers

Legal status is important. Those classified as trespassers are not entitled to damages in premises liability cases.

Those who are injured in premises accidents have their own responsibilities. Their own careless conduct must not have been the accident’s cause.

• Call 911 for immediate medical care.
• Use your cell phone to take photos of the scene. If your injuries are not too severe, ask someone to do so for you.
• Try to include any warning signs in place or the lack of signs.
• Obtain the names, addresses, and phone numbers of any potential witnesses.
• Clearly explain to medical professionals what you were doing when the accident happened.
• Document all medical care you receive.
• Keep evidence. Don’t throw away the shoes you wore if you slipped and fell.
• Notify the person in control of the property that the accident happened.
• Complete an accident report form and keep a copy for yourself.

If you or someone you love has suffered a serious injury due to the negligence of a property owner, contact a qualified attorney.

These Hubs are provided for informational purposes only and should not be considered legal advice. Professional legal counsel should be sought for specific advice relevant to your circumstances.