What Is Premises Liability in New York?


How many times have you heard the term "premises liability?" Maybe you have, but chances are in favor of you hearing the phrase "slip-and-fall accident" more often. A slip-and-fall lawsuit is only one kind of possible case that involves premises liability.

What is premises liability under New York law?

A person who controls a property must use "reasonable care" to keep any area safe for the public or any other invited people that may be expected to visit it. If a person does not do this and their failure to take care results in an injury or death, he or she may be liable for the consequences.

What constitutes reasonable care?

There is no specific definition in real terms because hazards are hard to predict. The point is often the effort that a person controlling the property should have had, like securing loose wiring that could trip or otherwise injure someone. The term "slip-and-fall case" comes from the possibility of someone slipping on a wet surface because floor surfaces should always be dry.

Who controls a property?

At the core of the concept, an owner is ultimately responsible. However, this liability could be transferred by employing a manager or someone else responsible for day-to-day operations that include reasonable care.

How do I get help with a potential premises liability lawsuit?

An attorney can always help advise on the possibility of a lawsuit over premises liability. Anyone who has been injured in an avoidable way may be able to get financial damages to help with recovery.