It is normal, during the course of wear and tear, for objects to fall, liquids to drip onto a floor or the ground, and for cracks and fissures to appear in sidewalks, or for previously smooth surfaces to become uneven and rough. Since it is common to find required air vents and useful drainage grates along the sidewalks of New York City, a woman who trips and falls because her high-heeled shoes got stuck in a drainage grate cannot hold a property owner responsible for the fact that she didn’t watch where she was going.

It is “reasonable” for an ordinary person to expect that there are things that should be avoided on sidewalks in New York and just about any other city. At the same time, property owners have the duty and obligation to maintain their premises in a reasonably safe manner. That includes keeping walkways free of ice, elevators and stairs in good repair, and secured premises safe from foreseeable criminal acts manner.

When determining if a property owner's actions were in fact reasonable, the court must consider how long the unsafe condition that contributed to the slip and fall accident existed and whether the owner had time to discover and ultimately fix the problem. It must also consider whether the steps taken were appropriate or reasonable and whether the carelessness of the victim contributed to the slip and fall injury.

At David Resnick & Associates, PC, we know that thousands of New Yorkers are seriously injured when they slip on slippery floors, are bitten by dogs or are exposed to dangerous chemicals. If a property owner is negligent, and that negligence causes an injury, the property owner is liable.

It is a property owner’s responsibility to be careful in keeping up his property. To be legally responsible for the injuries suffered by someone slipping or falling on his property, one of the following must be true:

• The owner of the premises or an employee must have caused the spill, worn, or torn spot, or other slippery or dangerous surface or item, to be underfoot.
• The owner of the premises or an employee must have known of the dangerous surface but done nothing about it.
• The owner of the premises or an employee should have known of the dangerous surface because a "reasonable" person taking care of the property would have discovered and removed or repaired it.

Every premises liability case is evaluated on an individual basis and considers whether or not the property owner took precautions to make the area safe as well as whether or not you, or the victim, were careless, thereby contributing to the slip and fall accident.

To learn more about property owners’ responsibilities in slip and fall cases, contact David Resnick & Associates, PC at 212-279-2000 or online via our evaluation form.

For more information:
NY Premises Liability
Premises Liability FAQ's
New York Slip and Falls
Slip and Fall Evaluation Form