Craig D. Rosenbaum | December 4, 2025 | Premises Liability
Premises liability law in New York governs when property owners can be held responsible for injuries that happen on their property. These cases often involve slips and falls, unsafe walkways, poor lighting, falling objects, and other hazards that cause harm.
Understanding how these laws work can help you see when an injured person may be able to file a claim after an accident in New York City or anywhere else in the state. Continue reading to learn more about these cases and what you should do if you were injured on someone else’s property.
What Does Premises Liability Law Cover?
Premises liability applies when someone is injured because a property owner or manager failed to keep the property reasonably safe.
These claims can involve:
- Slippery floors
- Broken or uneven steps
- Cracked sidewalks
- Loose handrails
- Falling merchandise
- Snow or ice buildup
- Poor lighting
- Building code violations
- Unsafe elevators or escalators
- Hazardous conditions in stores, apartments, or public spaces
Property owners are not automatically responsible for every accident, but they must take reasonable steps to prevent unsafe conditions.
The Property Owner’s Duty of Care
In New York, property owners owe a general duty to maintain their premises in a reasonably safe condition. This duty applies to homeowners, landlords, businesses, and government entities.
Owners must:
- Fix hazards they know about
- Inspect the property for dangers
- Warn visitors about unsafe conditions
- Follow building and safety codes
A property owner may be liable if they created a dangerous condition or failed to fix it within a reasonable amount of time.
Types of Visitors and How They Affect Liability
In some states, the level of care depends on whether the visitor is a customer, social guest, or trespasser. New York does not follow these classifications strictly. Instead, courts look at the property owner’s general duty to act reasonably under the circumstances.
This means the owner’s conduct and the hazard itself matter more than the visitor’s legal status.
New York Law in Premises Liability Cases
New York follows a pure comparative fault rule under Section 1411. Under this rule, an injured person can recover damages even if they are partly at fault. Their compensation is simply reduced by their percentage of responsibility.
For example:
- If a visitor was distracted by their phone
- If they ignored warning signs
- If they entered an area clearly marked as unsafe
Their compensation may be reduced, but they are not completely barred from recovering damages.
Examples of Premises Liability Claims
Common premises liability cases in New York include:
- Slip and fall accidents: Slippery floors, spills, and wet entryways frequently cause injuries in apartments, stores, and restaurants.
- Trip and fall accidents: Uneven sidewalks, broken floor tiles, and cluttered walkways can lead to serious falls.
- Inadequate maintenance: Poor lighting, broken steps, or faulty locks can create dangerous conditions.
- Negligent security: If a property owner fails to provide reasonable security and someone is attacked or assaulted, they may be responsible.
- Accidents in apartment buildings: Landlords must keep common areas safe, including hallways, stairwells, and entry points.
- Store and business hazards: Falling merchandise, poorly placed displays, or unsafe shelving can harm customers.
While these are the most common examples, premises liability claims are not limited to just these incidents.
Evidence Used in Premises Liability Claims
To succeed in a premises liability case, the injured person must show that the owner knew or should have known about the hazard.
Useful evidence includes:
- Photos or videos of the hazard
- Witness statements
- Incident reports
- Maintenance logs
- Surveillance footage
- Medical records
- Building code violations
The stronger the evidence, the easier it is to show the property was unsafe.
Contact the New York City Premises Liability Attorneys at Rosenbaum Personal Injury Lawyers for Help Today
Premises liability law in New York requires property owners to keep their property reasonably safe and gives injured people the right to seek compensation when unsafe conditions cause harm. Understanding these rules can help victims take the right steps after an injury in New York City.
If you’ve been injured in an accident on someone else’s property, Rosenbaum Personal Injury Lawyers is here to help. Our New York City premises liability lawyers will explain your legal options and fight to get the recovery you deserve. Contact us today for a free consultation.
Rosenbaum Personal Injury Lawyers – New York City Office
100 Wall St 24th Floor
New York, NY 10005
(212) 514-5007
Rosenbaum Personal Injury Lawyers – Bronx Office
1578 Williamsbridge Rd suite 3b
Bronx, NY 10461
(212) 514-5007
(917) 905-2339
Rosenbaum Personal Injury Lawyers – Brooklyn Office
32 Court St #704
Brooklyn, NY 11201
(212) 514-5007
(917) 920-7332
