Central New York Injury Lawyer Blog
Premises liability is a legal concept that holds property owners and “occupiers” (occupiers can include tenants responsible for the property upkeep or others who are in possession of the property) responsible for accidents and injuries that occur on their property due to unsafe conditions. In New York State, premises liability law is a subset of personal injury law that requires property owners and occupiers to ensure that their premises are reasonably safe for visitors. The laws governing premises liability in New York are designed to protect individuals from harm while on someone else’s property and to assign responsibility when injuries occur.
Establishing Liability
To establish premises liability in New York, an injured party must demonstrate three key elements:
- Breach of Duty of Care: The injured plaintiff must prove that the property owner breached a duty of care to them. If a jury or judge finds that the owner or occupier maintained the property in a “reasonably safe” condition, then there was no breach of the duty of care. On the other hand, if the jury or judge finds that the property owner failed to maintain the property in a reasonably safe condition, then the owner or occupier of the land breached the duty of care to the plaintiff. I have highlighted the word “reasonably” because it is critical: The law does not require a property owner/occupier to maintain their property in a perfectly safe condition. It must only be reasonably safe. What is “reasonable”? That’s for the judge or jury to determine based on all the circumstances of the case.
- Causation: There must be a direct link between the property owner’s breach of duty and the injury sustained. The plaintiff must prove that the unsafe condition was the proximate cause of the injury. For example, if the plaintiff tripped on a pothole in a walkway and claims to have injured his or her knee, the case will be dismissed if plaintiff fails to prove the knee injury was actually caused by the trip-and-fall rather than by some other event or by some preexisting knee problem.
- Damages: The plaintiff must have suffered actual harm or damages as a result of the accident. This can include medical expenses, lost wages, pain and suffering, and other related costs. Even a minor injury with no medical treatment (for example, five minutes of temporary pain) is technically enough to make out a claim. But no lawyer in his or her right mind would bring such a case. Realistically, plaintiff’s injuries must be significant.
Defenses and Limitations
Property owners in New York have several potential defenses against premises liability claims. Here are the main ones:
- The Property Was Reasonably safe: The defendant owner, through his or her lawyer, will show the jury all kinds of pictures and videos and testimony from others who visited the premises to try to convince the jury that the defect or hazard was only a minor one, and that the property, as a whole, was reasonably safe.
- Owner had No Notice of the Defect or Hazard: With this defense, the owner argues that the defect was so recent that he or she did not have time to notice and/or fix it.
- Storm in Progress: This defense is used for slip-and-falls on snow and ice. If the snow that brought the slippery conditions was still falling, or had stopped only an hour or so before the slip-and-fall, the owner will argue that it would be unreasonable to expect him or her to clear the snow and ice within such a short timeframe.
- Defect was “de Minimus”: With this defense, the owner argues that the defect was too minor to even be considered a bona fide “defect”. This defense is often successful where the defect the plaintiff tripped on was only a ½ inch differential between walkway slabs, or where the pothole was only an few inches in diameter and less than an inch deep.
- Open and Obvious Defect: With the “open and obvious” defense, defendant argues that the hazardous condition was so apparent that the injured plaintiff should have noticed and avoided it. In New York, unlike in other states, a finding by a court that the defect was “open and obvious” does not lead to dismissal of the case as a matter of law. A jury is allowed to consider the openness and obviousness of the defect to decrease defendant’s percentage of liability vis-à-vis plaintiff’s own negligence in failing to see and avoid the defect.
- Comparative Negligence: Unlike many states, New York has a “pure” comparative negligence approach. The jury can apportion fault between the defendant (for failing to keep the property safe) and the plaintiff (for failing to see or avoid the unsafe condition) anyway it wants. Thus, if a jury finds that the defect you tripped on was “open and obvious” (see first defense above), it might apportion 30% of the fault to you, and 70% to the land owner/occupier. If your injury is found to be worth $100,000 in compensation, the judge will then reduce that amount by your 30% fault, so that you end up with a judgment of $70,000.
Conclusion
Premises liability law in New York State is designed to protect the safety of individuals on various properties, from private homes to public businesses. Property owners must take reasonable steps to prevent accidents and injuries, while visitors must exercise caution and be aware of their surroundings. Understanding the nuances of premises liability is crucial for both property owners and potential plaintiffs, as it can significantly impact the outcome of any legal claims arising from injuries on someone else’s property.
Keep safe!
Mike Bersani
Email me at: bersani@mbk-law.com I’d love to hear from you!
Michaels Bersani Kalabanka P.C.
Syracuse NY Premises Liability Lawyers
315-253-3293