Injuries that occur while you are on somebody else’s property are legally the fault of the property owner if the owner’s negligence caused your injury. The classic example of a premises liability claim is a slip, trip, and fall accident, but premises liability cases can involve any type of injury that occurs due to an unsafe condition on another’s property.

There are three major elements involved in a New York premises liability case:

• You were legally on the property as an invited guest. Typically, owners do not owe a legal duty of care to those who are trespassing on their property, although there are some exceptions.
• The property owner knew—or should have known—about the defective condition on their property, but failed to deal with it (i.e., the owner was negligent).
• The owner’s negligence caused your personal injury.

While these elements may appear to be straightforward, they rarely are. Insurance companies have many possible defenses at their disposal, and they will use them to try and minimize your case. If the property owner is being uncooperative, it may be necessary to hire a NYC premises liability lawyer to make sure you are fairly compensated for your injuries.

What is a Defective Condition?

A premises liability case must address the concept of a “defective” or “unsafe” condition. Every case must be evaluated individually based on the specific circumstances. However, New York case law identifies several points that must be addressed:

• The defect must not be “trivial” (that is, too small to be legally actionable).
• Some hazards are so “open and obvious” that the property owner might be able to use the defense that a reasonable person should have noticed and avoided it, so the owner is therefore not liable.

Insurance companies may try to argue that the hazard was trivial or open and obvious simply to deny legitimate injury claims. It is important to have photographs of the accident scene and witness statements that help corroborate your side of the story. Video surveillance can also be used as evidence.

Who Is Responsible For a Defective Condition?

It’s not just the property owner who can be held liable for a defective condition that causes somebody to be injured. In many cases, the legal duties of the owner are extended to another person in possession of the property, such as a renter or tenant, or an entity that is responsible for the grounds, such as a maintenance company.

Property owners are commonly responsible for a defective condition that causes an injury, but other parties may also be held liable depending on where and how the injury occurred.

On New York City public sidewalks, which are technically owned by the municipality, the adjoining landowner may be legally required to clear snow and ice. An accident that occurs on a New York City sidewalk due to slippery conditions may therefore be the fault of the individual property owner responsible for keeping the sidewalk reasonably safe from snow and ice hazards.

When you’re injured, your focus should be on getting better. Our premises liability attorneys will do the work of identifying who had a legal duty to make sure the property was safe from hazards. Find out how we can help during a no-cost, no-obligation case review.