Restivo and Murphy LLP
Restivo & Murphy LLP
Español   Korean

Experienced Lawyers,
Dedicated to Helping You

Free Consultation

New York Legal Blog

Premises liability requires a proactive approach

Premises liability is an area of concern for any New York commercial property owner. To the extent possible, most leasing contracts between the owner and the tenant seek to place the burden for liability on the tenant as the one who likely has more control over the safety of the premises. However, an injured plaintiff can, and often does, include multiple parties as defendants. For a variety of reasons, the landlord is often included, but there are several ways for a property owner to reduce the risk of exposure in a premises liability lawsuit.

A premises liability action is trying to establish that a dangerous property condition was allowed to exist due to the negligence of a property owner and thus caused an injury. Legal experts suggest a three-pronged approach offer as much protection as possible to the property owner. The first is to be sure to have an adequate insurance policy with adequate coverage and limits and tailored to the class of building and anticipated risks for that particular property. What is considered a foreseeable risk for one property may be quite different for another.

Slip-and-fall accidents on small business properties

Residents of New York should know that if they slip, trip or fall on a small business property, they may be able to hold the owner liable for their injuries. According to premises liability law, owners have a duty to prevent any dangerous conditions from arising on the property. If they are aware of a dangerous condition, then they must address it in a reasonable amount of time.

Dangerous conditions can include cracks in sidewalks, ice or snow on sidewalks, loose railings, poorly lit stairwells, torn carpeting and wet floors with no signage to caution customers. It must be shown that the owner was aware of the condition for a premises liability claim to be successful. In addition, victims must show that they themselves were not being careless and that the danger could not have been foreseen even in those conditions.

What to know about premises liability cases

If a person gets hurt after slipping, tripping or falling on a premises owned by another person or entity, they may file a premises liability lawsuit. This is generally true whether the accident occurs in New York or anywhere else in the country. The person who files a lawsuit must generally show that the property's owner was negligent in allowing the injury to happen. There are many ways in which an individual may be able to prove their claim against a property owner.

An individual may claim that they tripped over a torn carpet or slipped on a wet floor. It's also possible to assert that a lack of adequate lighting caused an injured victim to trip over an object on the ground. The plaintiff will probably need to prove that the owner was aware of a dangerous condition and failed to correct the issue.

Slippery winter weather may increase your risk of a subway injury

The public transportation system in New York, operated by the Metropolitan Transportation Authority (MTA), is one of the biggest perks of living in the Big Apple. People can easily get almost anywhere in the city through the use of buses and subways. Not only is it affordable, but public transportation also reduces congestion on the streets, air pollution and traffic.

Unfortunately, while public transportation is overall a relatively safe and valuable part of life in New York, it does come with certain risks. Some people who want to hop on the subway or catch a bus may wind up suffering serious injuries as a result. During the winter season, your risks for injuries while traveling on New York public transportation increases.

Operator error blamed for boy's zip line accident

Many New York residents have likely gone on zip line rides at some point in their lives. Unfortunately, these amusement rides aren't always safe.

For example, on Sept. 1, a 10-year-old boy was seriously injured when he fell 20 feet from the "Sky Rider" zip line ride at the Urban Air Trampoline and Adventure Park in Lakeland, Florida. A video of the incident shows the boy fly through the air and plummet to the concrete floor below when the indoor zip line reaches the end of the track.

New York woman critically injured after being struck by bus

A 52-year-old New York City woman was critically injured on the evening of Oct. 26 when she was struck by a Bee-Line bus as she crossed the street near Lehman College. The Bronx County resident, who has not been identified, was rushed to a nearby trauma center by paramedics with what were described as life-threatening injuries. Bee-Line buses are operated by the Westchester County Department of Public Works and Transportation.

The bus accident took place in northern Bronx County at approximately 8:05 p.m. Eyewitnesses told responding police officers that the woman was struck by a bus that made a left turn from Paul Avenue onto Bedford Park Boulevard West. Police say the woman suffered catastrophic injuries after becoming trapped underneath the bus.

Premises liability claimed after woman injured carving a pumpkin

People who take part in contests in New York and across the United States might think it is all in fun. However, in some of these situations, people are using potentially dangerous objects and participating in stunts that could cause injury or a fatality. The risk is evident in an incident in which a woman severely cut her hand during a pumpkin carving contest.

The Colorado woman filed a lawsuit seeking compensation after cutting her right hand while taking part. The contest was held in October 2018 and was overseen by a club from the University of Colorado. Using sharp knives, she and four other students had a race to carve pumpkins. She says that the competitors were encouraged to speed up their carving. As she was doing so, the knife slid and cut her, severing tendons and nerves in her right hand.

How negligence led to the Verrückt waterslide accident

Towering 169 feet high, or approximately 17 stories, the Verrückt water slide at Schlitterbahn Water Park was the tallest water slide in the world. After opening in July 2014, the slide became the site of a fatal accident in August 2016. A 10-year-old boy went down the nearly vertical chute, became airborne, hit a metal pole supporting the safety net and was decapitated. New York residents should know that the park has been closed and the slide demolished.

An investigation into the accident uncovered a story of gross negligence on the part of the park's co-owner and the water slide's senior designer. The two had fast-tracked the construction of the Verrückt so that it could appear on a reality TV show involving amusement parks. They were also aiming for a spot in Guinness World Records. Safety testing was made up of simplistic trial-and-error methods, amounting to little more than seeing if sandbags would go airborne on the slide.

Injuries can happen to anyone, anywhere and at any time

Injuries can happen anywhere, even when emergency teams are responding to a call. Take, for example, a case reported on Oct. 16 out of Brooklyn. There, fire trucks collided with one another on a call.

According to the story, there were two firetrucks responding to a call in the area when they hit each other in Crown Heights. The impact led to 11 firefighters being transported to hospitals for treatment. One civilian, a pedestrian who was in the wrong place at the wrong time, also suffered injuries in the incident.

Reasons for having airport premises liability insurance

The owners, operators and lessors of airports in New York will want to make sure they have premises liability coverage. This can provide protection in the event of bodily injury or property damage on the airport or the section of it that they occupy.

For example, someone may slip and fall on a wet floor, fall down a flight of stairs after grabbing a loose railing or be struck by a falling object. In such cases, victims are justified in filing a premises liability claim against the owner for failing to maintain a reasonably safe property. Owners must either add a separate policy for premises liability or add it via an insurance endorsement.

Super Lawyers New York Magazine Top Verdicts & Settlements Super Lawyers NYSTLA - New York State Trial Lawyers Association ABA - American Bar Association

We Offer Free Initial Consultations

Contact us to discuss your legal questions. We will provide a response promptly and there is no fee unless we win.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Contact Us Today