When tenants and visitors use staircases in apartment buildings, they expect those stairs to be reasonably safe. A single misstep can cause serious injury, and premises liability law gives injured individuals the right to pursue claims when dangerous conditions are left uncorrected. But not every uneven surface or crack will…
Articles Posted in Premises Liability
New York Court Discusses Procedural Considerations in Slip and Fall Cases
While accidents frequently happen in businesses or social establishments, not every fall or injury creates a basis for legal recovery. In premises liability cases, New York courts require proof of a dangerous condition and evidence that the landowner either created or knew about the defect. A recent decision issued in…
New York Court Discusses Civil Immunity for Non-Profit Organizations
Non-profit organizations regularly hold functions for members and patrons. People attending such events typically expect them to be safe. Unfortunately, though, it is not uncommon for incidents to occur during non-profit social events, and in many instances, they are the result of negligence. While there are laws that protect non-profit…
Court Discusses Establishing Liability for Slip and Fall Accidents Under New York law
Slip and fall accidents happen with regularity in superstores, and in most instances, they are caused by liquid or other slippery substances that have spilled onto the ground. Store owners have an obligation under the law to maintain their premises in a safe condition, and they can be held accountable…
New York Court Discusses Proving Liability for a Trip and Fall Accident
New York is home to many hotels that countless people stay in each year. People visiting hotels typically anticipate that they will have a safe and enjoyable experience, but it is not uncommon for hotel guests to encounter dangerous conditions that cause them to trip and fall. Fortunately, many people…
New York Court Explains a Plaintiff’s Burden of Proof in a Premises Liability Case
Under New York law, property owners have a duty to maintain their premises so that they are safe for all legal entrants. When property owners fail to uphold this obligation, it often leads to dangerous conditions, and people hurt in accidents caused by such hazards may be able to recover…
New York Court Considers Appropriateness of Verdict in Favor of Woman Who Was Injured in Incident at Mall
Tragedy can strike in just a moment. One minute, someone is driving down the road, going in for a routine medical procedure, or even standing in the parking lot of a mall, and the next minute their life is changed forever. When someone is hurt because of another’s failure to…
New York Appellate Tribunal Rejects Snow and Ice Cleaning Contractor’s Request for Summary Judgment in Slip and Fall Lawsuit
Property owners are not liable for every injury that happens on their premises. For instance, it would be unlikely that liability would lie with a property owner in a Syracuse premises liability lawsuit in which a passerby was struck by a limb blown down by tornadic or hurricane-force winds. However,…
Because of Lack of Constructive Notice, Dismissal of Premises Liability Case is Affirmed on Appeal by New York Court
Property owners and those that own businesses have certain obligations to the public. While stores, restaurants, and shops aren’t the insurers of every individual who sets foot on their premises, they do have a responsibility to take reasonable measures to prevent harm to others. In many cases, the resolution of…
New York Appellate Division Affirms Denial of Summary Judgment to Store Owner in Premises Liability Suit
Property owners have certain duties to the general public, especially those who come upon their premises for a business purpose (such as a customer shopping in a store). When the landowner or property manager does not maintain a place of business in a reasonably safe manner, a person injured thereby…