How to Prove Negligence in a New York City Premises Liability Case 

New York is full of diverse properties, from towering skyscrapers in Manhattan to residential buildings in the outer boroughs. While the city has stringent safety codes, accidents can still happen when property owners fail to maintain safe premises.

When injuries occur due to unsafe conditions, victims may have the right to pursue a premises liability claim, but they must first establish negligence.

Here, our experienced New York City personal injury attorneys explain what that means and how we can help.

What is the Definition of Premises Liability in New York City?

Premises liability is a legal concept that holds property owners or managers accountable when someone is injured on their property due to unsafe conditions. These conditions can range from wet floors in a store to broken staircases in an apartment building.

To succeed in a premises liability case, the injured party must prove that the property owner was negligent, meaning they failed to maintain a reasonably safe environment.

What are the Elements of Negligence in a New York City Premises Liability Case?

The injured party must demonstrate four critical elements to prove negligence in a premises liability case.

They include:

• Duty of Care

In New York, property owners owe a duty of care to ensure their premises are safe for lawful visitors. This duty includes maintaining the property, repairing known hazards, and warning of potential dangers. The level of duty can vary depending on the nature of the property and the visitor’s status (invitee, licensee, or trespasser).

• Breach of Duty

The next step is to prove that the property owner breached their duty of care. This breach occurs when the owner fails to take reasonable steps to fix or warn about a dangerous condition. For example, if a property owner ignores a leaking pipe that causes a slippery floor, it may constitute a breach of duty.

• Causation

The injured party must demonstrate that the breach of duty directly caused their injuries. This often requires evidence showing that the unsafe condition was present, known, or should have been known by the owner and that it directly led to the accident.

• Damages

Finally, the injured party must prove they suffered actual damages due to the incident. This can include medical expenses, lost wages, pain and suffering, and other related costs.

Key Evidence for Proving Negligence in Premises Liability Cases

To build a strong case, collecting the proper evidence is critical.

Here are some essential forms of evidence that can help prove negligence:

• Incident Reports: If the accident occurred at a commercial property, ask management to file an official incident report, as it documents the event’s details.
• Photos and Videos: Take pictures or videos of the accident scene, capturing the hazardous condition (broken railing, icy walkway, or other hazards). Visual evidence can help illustrate the property owner’s negligence.
• Eyewitness Testimony: Witnesses can provide firsthand accounts of the accident and the unsafe conditions that caused it.
• Maintenance Records: Maintenance logs or repair records can show whether the property owner was aware of the dangerous condition and what, if any, actions were taken to fix it.
• Expert Testimony: In some cases, experts in safety codes or building standards may be needed to establish whether the property was maintained according to New York laws.

Our skilled New York City premises liability attorneys help collect evidence that isn’t readily available to the injured party and often partner with experts who can help build our cases for success. This allows our clients to focus on their recovery, not injury claims.

What are the Most Common Types of Premises Liability Cases in New York City?

Negligence can arise in various situations throughout New York City, and none are common to those injured.

They may include, but are not limited to:

• Slip and Fall Accidents: Wet floors, loose carpets, and icy sidewalks can lead to severe injuries if not properly maintained.
• Poor Building Maintenance: Defective elevators, broken stairs, and malfunctioning doors can result in severe accidents.
• Inadequate Security: Property owners who fail to provide reasonable security measures in areas with known criminal activity may be liable for injuries sustained during an attack.
• Swimming Pool Accidents: Property owners must ensure that swimming pools are safely maintained, with proper barriers, locks, and supervision.
• Fire Hazards: Failing to address fire code violations or install proper alarms and fire extinguishers can lead to devastating injuries and fatalities.

One of the biggest challenges in a premises liability case is proving that the property owner noticed the dangerous condition.

In New York, there are three ways to prove notice:

• Actual Notice: The property owner was directly informed of the hazard but failed to address it.
• Constructive Notice: The hazard was present long enough that the property owner should have known about it if they had exercised reasonable care.
• Created Hazard: The property owner or their staff directly caused the dangerous condition, like when a worker mopped the floor and failed to put up a “wet floor” sign.

Proving negligence in a New York premises liability case is complex and often requires in-depth knowledge of local safety regulations, building codes, and legal procedures. Our experienced personal injury attorneys in New York City can investigate the circumstances, gather evidence, negotiate with insurance companies, or litigate in court to ensure you receive fair compensation.

Contact Our Personal Injury Attorney at David Resnick & Associates, P.C.

Contact the New York personal injury law firm of David Resnick & Associates, P.C., online or call us at 212-279-2000 today for a free consultation about your case. We serve clients throughout New York City, in Manhattan, Queens, Brooklyn, Staten Island, the Bronx, and Long Island.

Our skilled New York City injury attorneys offer free consultations with no obligation. If your case qualifies, we will handle everything from start to finish without any upfront or out-of-pocket costs. You won’t pay anything for our premier personal injury services unless we secure a win for you—guaranteed.

Related Links

• Premises Liability Claims for Injuries in New York Retail Stores: Who’s Responsible?

Author: David Resnick

Founder of David Resnick & Associates, P.C., a New York personal injury law firm in charge of providing exceptional and personal service to each of our clients in various areas including car accidents, slip and fall, wrongful death, construction accidents, and premises liability. David Resnick founded the firm in 1998 after working in large law firms where he saw a need for greater client communication and more personal care.