Craig D. Rosenbaum | December 5, 2025 | Premises Liability
Premises liability claims can feel overwhelming, especially for someone dealing with injuries, medical appointments, and financial stress. Many injured people wonder if these cases are hard to prove and whether they can receive fair compensation. While every case is different, understanding how these claims work can make the process easier and help you know what to expect.
With the proper evidence and legal guidance, many people are able to win their premises liability cases. Keep reading to learn more.
Understanding Premises Liability in New York
Premises liability law holds property owners responsible for maintaining their property in a reasonably safe condition. If a person gets hurt because a property owner failed to fix a hazard or warn visitors about a danger, the injured person may have the right to file a claim. This applies to stores, apartment buildings, office buildings, sidewalks, parking lots, and private homes.
Some of the most common examples include:
- Slip and fall accidents caused by spills or slippery surfaces
- Falling objects in stores or warehouses
- Poor lighting or unsafe stairways
- Malfunctioning elevators or escalators
- Lack of proper security in high-risk areas
Although these accidents are common, the injured person still needs to prove specific elements to successfully claim compensation.
What Is the Duty of Care Required Under Different Circumstances?
New York law expects landowners to use reasonable care toward everyone, including trespassers. For unknown adult trespassers, that often boils down to not doing anything willful or reckless. When trespassers are predictable—or when children might be tempted by a risky condition—the owner may need to repair the danger or post a warning.
What You Must Prove in a Premises Liability Claim
To win a premises liability case in New York, the injured person must show that the property owner was negligent. Negligence means the owner failed to take reasonable steps to make the property safe. This does not mean the owner must prevent every accident, but they must deal with hazards they knew about or should have known about.
There are four main elements that must be proven:
- First, the property owner must have owed the injured person a duty of care. If the person is on the property, the owner must ensure the area is reasonably safe.
- Second, there must have been a dangerous condition that posed a risk.
- Third, the injured person must demonstrate that the property owner was aware of or should have been aware of the hazard and still failed to rectify it or provide warning.
- Finally, the hazard must have directly caused the injury.
These elements require strong proof. While they may seem simple, they often need careful investigation and documentation. Each part of the claim must be supported with clear facts, which is why many people choose to work with an experienced attorney who understands the process.
Why These Cases Can Be Challenging
Premises liability claims can be challenging for several reasons. One major challenge is proving notice, which involves demonstrating that the property owner was aware of or should have been aware of the dangerous condition.
For example, if a person slips on a spill in a grocery store, the store may argue that the spill occurred only moments before the accident and that workers did not have enough time to clean it. Without solid evidence, this can be hard to dispute.
Contact Rosenbaum Personal Injury Lawyers for a Free Consultation With a New York City Premises Liability Lawyer
If you were hurt on someone else’s property in NYC, you don’t have to figure this out alone. Contact Rosenbaum Personal Injury Lawyers for a free, no-obligation consultation. Our New York City premises liability attorneys will review your case, explain your options, and help you take the next step toward compensation.
Discover whether premises liability claims are hard to prove in New York, the evidence needed for success, and how a lawyer can help strengthen your case.
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
About The Author
Craig D. Rosenbaum is licensed to practice in New York. He is part of the New York State Trial Lawyers Association and the American Association of Justice. Click here to view some of the amazing case results that Craig has successfully handled.
