In New York, a premises liability claim may arise when a dangerous property condition causes an injury and a responsible party failed to use reasonable care. See Tagle v. Jakob, 97 NY2d 165 (2001). These FAQs explain visitor rights, property owner duties, evidence, and compensation after an accident on someone else’s property.
Legal information: This page provides general information about New York law, not legal advice. Laws vary by jurisdiction, and the facts of your accident matter. Consult a qualified attorney about your situation and filing deadlines.
Dansker & Aspromonte Associates LLP assists injured people in New York City, Nassau County, and Suffolk County. Request a free consultation or call (212) 732-2929.
Premises liability at a glance
- A New York premises liability claim requires evidence connecting an injury to a responsible party’s failure to use reasonable care. See Basso v. Miller, 40 NY2d 233 (1976).
- An accident on someone else’s property does not automatically establish liability. See Tagle v. Jakob, 97 NY2d 165 (2001).
- Social guests and customers are assessed under New York’s reasonable-care standard, rather than separate visitor classifications. See Basso v. Miller, 40 NY2d 233 (1976).
- Document the hazard, report the incident, and preserve records that may show what happened.
What is premises liability in New York?
Premises liability concerns responsibility for injuries caused by unsafe property conditions. New York courts examine whether a party with a duty to protect visitors used reasonable care under the circumstances. In Tagle v. Jakob, 97 NY2d 165 (2001), the Court of Appeals explained that the scope of the duty depends on foreseeable harm. A broken stair, for example, requires examination of the hazard, responsibility for maintenance, and how the injury occurred. An accident on someone else’s property does not automatically establish liability.
For an overview of the claims our firm handles, see our New York premises liability practice page.
What are licensees and invitees, and do those labels matter?
New York no longer assigns separate duties of care based on these visitor labels. Traditionally, a licensee included a social guest, while an invitee included a customer visiting a business. In Basso v. Miller, 40 NY2d 233 (1976), the Court of Appeals adopted “reasonable care under the circumstances.” Why you entered the property still matters to foreseeability, but the label alone does not decide your rights.
Can I seek compensation if I was injured at a friend’s house?
Under New York law, you may have a claim if your friend failed to use reasonable care and that failure caused your injury. Under Basso, the inquiry goes beyond whether you were a social guest. For example, an unrepaired broken step calls for examining the danger, your host’s knowledge, and the precautions taken.
Can I pursue a claim if my child falls in a grocery store?
A grocery-store fall requires evidence of negligence, not just evidence that your child fell. Investigate whether the store created the hazard or had actual or constructive notice of it. In Gordon v. American Museum of Natural History, 67 NY2d 836 (1986), the Court of Appeals explained that constructive notice requires a “visible and apparent” defect that existed long enough to be discovered and corrected. Evidence of when a spill appeared can matter.
Photograph the condition if you can do so safely, identify witnesses, and ask the store to document the accident. Our slip-and-fall claims guide explains this type of injury claim.
A parent or another authorized representative generally acts for a child in a New York lawsuit. A settlement of the child’s claim requires court approval under New York’s rules for settling a minor’s claim. Discuss representation, approval requirements, and deadlines for your child’s case with an attorney.
What if the store says the spill was obvious?
New York generally does not require a warning about an open and obvious danger, but visibility is a fact-specific question. Tagle v. Jakob separately examined duties to remedy and warn. Have an attorney assess both issues rather than assuming the store’s description of the spill resolves your claim.
How do you prove the property owner knew about the hazard?
Actual notice means the responsible party knew about the specific dangerous condition. Constructive notice concerns a condition that was visible and apparent and existed long enough to be discovered and corrected. Gordon distinguishes that evidence from a general awareness that hazards might occur. For a New York property claim, a prior complaint about the same broken stair may be more useful than a general complaint that the building needs maintenance.
- Photographs: Record the hazard’s location and appearance.
- Complaints and repair requests: Keep messages identifying the specific problem and when it was reported.
- Witnesses: Record contact information for people who saw the accident or condition beforehand.
- Records to request: Ask your attorney about surveillance footage, inspection logs, and maintenance records.
- Injury documentation: Keep treatment records, bills, and records of missed work.
Need help identifying the evidence for your accident? Ask about a free case evaluation.
Who can be responsible for an unsafe property condition?
Under New York law, responsibility depends on a party’s legal duty and connection to the dangerous condition. A property owner, tenant, or another entity controlling the relevant area may need to be investigated. Ownership alone does not answer every question. In Tagle v. Jakob, the New York Court of Appeals considered the utility’s easement and maintenance responsibilities when assessing the landowner’s duty. Your attorney can review who controlled the area and who was responsible for repairs.
Provide the property address, business name, contact information for the landlord or manager, and any correspondence about the hazard. Do not assume every company associated with the property is legally responsible.
Can a landlord or business be liable for a criminal attack?
A criminal attack does not automatically establish or eliminate a premises liability claim. New York negligent-security cases require examination of duty, foreseeability, inadequate precautions, and causation. In Scurry v. New York City Housing Authority, 39 NY3d 443 (2023), the Court of Appeals explained that landlords must take minimal precautions against foreseeable criminal conduct. A broken entrance lock may matter when an intruder’s entry through that door contributed to the attack.
The court also rejected a blanket rule that a targeted attack automatically breaks the connection between a landlord’s negligence and the injury. The evidence still must connect the alleged security failure to the harm. For more on residential buildings, read our guide to building security and landlord liability.
What is negligence per se?
Negligence per se means a qualifying statutory violation establishes negligence as a matter of law. New York distinguishes state statutes imposing specific duties from local ordinances and administrative rules, whose violation generally serves as evidence of negligence. The Court of Appeals explained this distinction in Elliott v. City of New York, 95 NY2d 730 (2001). A building-code violation therefore needs legal analysis, including the provision’s origin, applicability, and connection to your injury.
A violation does not automatically prove an entire injury claim. Your attorney must assess the applicable duty, any recognized excuse or exception, causation, and damages.
What compensation can I seek in a premises liability case?
A New York premises liability claim may seek compensation for financial losses and pain and suffering caused by the injury. Available damages depend on the evidence and the claim. New York’s itemized-verdict rules identify medical expenses, lost earnings, impaired earning ability, and pain and suffering, with past and future losses distinguished. For example, medical records and employment records help document treatment costs and income lost because of the injury.
- Medical expenses, including supported future treatment needs.
- Lost earnings and impairment of future earning ability.
- Past and future pain and suffering supported by the evidence.
Can I recover compensation if I was partly at fault?
For an ordinary New York premises negligence claim, your own fault generally reduces compensation proportionally instead of automatically barring recovery. New York’s comparative-fault law governs this allocation. You still must establish the defendant’s liability. Ask your attorney how the facts and any applicable defenses affect your particular claim.
What should I do after an injury on someone else’s property?
Prioritize medical care, report the accident, and preserve the evidence you can safely collect. For a New York property injury, document what caused the accident and where it happened. Have an attorney identify the applicable filing deadlines. Claims involving public entities may require a separate notice of claim, so do not assume that reporting an accident to a property manager satisfies the legal requirements.
- Get medical attention. Tell your provider how the injury occurred.
- Report the incident. Ask for a copy of any written accident report.
- Preserve evidence. Keep photographs, witness details, relevant messages, and expense records.
- Request a legal review promptly. Ask about evidence preservation, responsible parties, and your specific deadline.
Dansker & Aspromonte Associates LLP offers free consultations for injury claims in New York City, Nassau County, and Suffolk County. Discuss the firm’s contingency-fee agreement, including how attorney fees, court costs, and disbursements are handled. Intake assistance is available in English, Spanish, and Chinese.
For an initial inquiry, provide your contact information and a brief description of the accident. Ask the firm how to send medical records or other sensitive documents.
Request your free premises liability consultation or call (212) 732-2929.