How New York’s Premises Liability Laws Apply to Personal Injury Cases
New York’s premises liability laws are designed to hold property owners and occupiers accountable when unsafe conditions on their premises cause injury. If you’ve been injured on someone else’s property due to negligence, you may have the right to seek compensation. Understanding how premises liability laws apply to personal injury cases in New York is essential for protecting your rights and securing the compensation you deserve. For personalized assistance after a slip and fall, trip and fall, or other accident on another’s dangerous premises in Ulster County, contact Rusk, Wadlin, Heppner & Martuscello, LLP, to speak with an experienced and dedicated Kingston premises liability lawyer.
What Is Premises Liability?
Premises liability is a legal concept that holds property owners and managers responsible for maintaining a safe environment for visitors, customers, and tenants. When a hazardous condition exists on a property and results in an injury, the owner or occupier may be liable if they failed to address the danger in a reasonable timeframe or failed to warn visitors about the risk.
Common Types of Premises Liability Cases
Premises liability claims can arise from a variety of dangerous conditions, including:
- Slip and Fall or Trip and Fall Accidents – Slippery floors, uneven sidewalks, or poorly maintained stairways can lead to falls and serious injuries.
- Inadequate Security – Property owners have a duty to provide sufficient security in areas where crime is foreseeable, such as parking garages or apartment complexes.
- Defective Property Conditions – Poorly maintained buildings, loose handrails, or broken flooring can create hazards that lead to injury.
- Negligently Maintained Premises – Leaving obstacles on the floor like power cords or debris, or negligently stacking merchandise overhead can present significant hazards.
- Dog Bites and Animal Attacks – Property owners may be responsible if their pet injures a visitor.
- Swimming Pool Accidents – Lack of proper fencing, supervision, or maintenance can result in drownings or severe injuries.
- Elevator and Escalator Accidents – Malfunctions due to poor maintenance can cause serious harm to individuals using these facilities.
Proving Negligence in a Premises Liability Case
To successfully pursue a premises liability claim in New York, an injured party must prove the following elements:
- Duty of Care – The property owner or occupier owed a duty of care to the injured party.
- Breach of Duty – The owner or occupier failed to maintain a safe property or warn of known hazards.
- Causation – The hazardous condition directly caused the injury.
- Damages – The victim suffered measurable harm, such as medical expenses, lost wages, or pain and suffering.
To be liable for a defect on the premises, the injury victim must be able to prove either that the property owner created the defect, knew about it, or should have known about it yet failed to fix it or warn the public. Proving this actual or constructive knowledge can be complex and requires a thorough understanding of New York premises liability law.
Comparative Negligence in New York Premises Liability Cases
New York follows a pure comparative negligence rule, meaning that if the injured party is found partially at fault for their accident, their compensation may be reduced by their percentage of fault. For example, if a person is awarded $100,000 in damages but is found 20% responsible for their injuries, they would receive only $80,000. Insurance companies often try to blame the victim in premises liability cases, but a skilled plaintiff’s attorney will know how to fight back against such tactics by providing the evidence that proves the property owner’s fault.
Statute of Limitations for Premises Liability Claims
In New York, the statute of limitations for personal injury claims, including premises liability cases, is generally three years from the date of the injury. However, if the claim is against a government entity, a notice of claim must typically be filed within 90 days, and the lawsuit must be initiated within one year and 90 days. This rule often applies in train or subway station slip and falls and falls on government property.
How an Experienced Personal Injury Attorney Can Help
Premises liability cases can be complex, requiring thorough investigation, expert testimony, and strong legal arguments. An experienced personal injury attorney can help by:
- Gathering evidence, such as surveillance footage and witness statements
- Consulting with medical professionals to assess injuries
- Negotiating with insurance companies to seek fair compensation
- Representing you in court if a fair settlement cannot be reached
If you or a loved one has been injured due to unsafe property conditions in New York, the dedicated attorneys at Rusk, Wadlin, Heppner & Martuscello, LLP, are here to help. We have extensive experience handling premises liability claims and fighting for the rights of injury victims throughout the Hudson Valley. Contact us today by calling 845-331-4100 in Kingston, 845-236-4411 in Marlboro, or 800-566-4101 toll-free throughout the Hudson Valley for a free consultation and let us help you pursue the compensation you deserve.
