Premises Liability as a Cause of Action in New York

Premises liability is a legal claim that arises when someone is injured due to a dangerous condition on another person’s property. In New York, property owners have a duty to keep their land reasonably safe for those who enter it. When they fail to do so, and someone is harmed as a result, the injured person may bring a premises liability claim. To succeed, the plaintiff must prove that the landowner failed in three key areas.

A Dangerous Condition Existed on the Land

The first element requires the plaintiff to show that there was a hazardous condition on the property. This condition must present an unreasonable risk of harm to people who enter the premises. Common examples include wet floors, uneven sidewalks, icy steps, poor lighting, broken railings, or exposed wiring. The danger must be more than minor or obvious, it must be the kind of condition that a reasonable person would consider unsafe and that the landowner had a responsibility to address.

It is not enough that an accident happened. The plaintiff must identify a specific unsafe feature or condition that contributed to the injury.

The Owner Created or Had Notice of the Condition

The second element focuses on the landowner’s awareness of the danger. The plaintiff must show that the owner either created the condition directly, or that they knew or should have known about it before the injury occurred. If the owner caused the hazard, for example, by spilling water on the floor or failing to fix a broken step, then notice is assumed.

If the condition was not caused by the owner, the plaintiff must prove that the owner had actual notice (they were informed or saw the danger themselves) or constructive notice (the danger was present long enough that a reasonable owner would have discovered it). Without notice, the owner cannot be held responsible, because the law does not require them to prevent what they reasonably could not have known about.

The Owner Failed to Take Reasonable Measures

Once a landowner is aware of a dangerous condition, they must take reasonable steps to correct it or warn visitors. What is considered reasonable depends on the situation. It might mean repairing the hazard, placing warning signs, or blocking access to the area. The plaintiff must show that the owner’s response fell short of what an ordinary, responsible person would have done to prevent harm.

If the owner took appropriate action within a reasonable time, they might not be held liable, even if an accident occurred.

Causation

Even if there was a dangerous condition and the owner failed to fix it, the plaintiff must prove that the condition actually caused the injury. This means showing a direct link between the hazard and the accident. If the injury was caused by something unrelated to the condition, the owner may not be legally responsible. The chain of events must connect the dangerous condition to the harm suffered.

Injury

Finally, the plaintiff must prove they were harmed. This could include physical injuries like a broken bone, cuts, or a concussion, or it could involve emotional distress, lost income, or medical expenses. Without actual harm, even the most obvious negligence does not result in liability.

Conclusion

Premises liability in New York is built on a clear structure. To hold a landowner responsible, a plaintiff must show there was a dangerous condition on the property, the owner knew or should have known about it, the owner failed to take reasonable action, and that failure directly caused an actual injury. This legal framework helps balance the rights of property owners with the safety of those who enter their land.

Find the Law

“For a landowner to be liable to a person on the land for an injury caused by a condition on the land, the plaintiff must establish three basic elements (aside from causation and injury): a dangerous condition existed on the land; the owner created or had notice of the condition; and the owner failed to take reasonable measures to protect persons on the land from the condition.” Rivera v. Target Corp., 2008 N.Y. Slip Op. 31401, 3 (N.Y. Sup. Ct. 2008)