What is premises liability?
Premises liability refers to the body of law which holds a landowner and/or possessor of property liable for injuries to others sustained on their property.

What are the legal elements of premises liability?
The injured party must prove that the defendant was negligent towards them. It must be shown that the landowner/occupant possessed the premises at the time of the accident and that they had control of the premises, and control of the condition thereof.

What are the most common types of premises liability?

• Slip and fall
• Trip and fall accidents
• Dog bites
• Animal attacks
• Fire hazards
• Toxic chemical exposure
• Toxic mold
• Asbestos exposure

I have been injured on someone else’s property. What should I do?
First, immediately make provision for your safety and health. If you are injured, make sure that emergency medical services (“EMS”) are called. Have EMS examine you and if appropriate, have them transport you to an emergency room for treatment. If you are able, try to obtain the following information:

• The name and address and of the owner of the property
• The name, address and policy number for all insurance companies insuring the property
• The name and address of all witnesses to the accident
• The name and address of all persons to whom you have reported the incident

Should I take any photos?
Yes. The condition of the premises at the time of the injury will be a pivotal issue in resolving any claim and photos can document that condition. Also, take photos of all physical injuries you have sustained (such as bruises, scrapes, lacerations, etc.).

What duty of care does a property owner have?
This will often depend on whether the person on the property was a business invitee, a social guest or a trespasser. A business invitee is on the property by invitation and usually for mutual economic benefit. A social guest is on the premises by invitation and not for any economic benefit. A trespasser is on the premises without permission. Generally, property owner’s duty of care is the highest with a business invitee while the lowest duty of care to a trespasser.

How will it be determined that I have a case?
If the following can be proved, you may be able to file a successful lawsuit:

• The property owner was “negligent”, which means that the property owner breached the legal duty owed to the injured individual
• There is causation, meaning that the property owner’s specific acts of negligence caused the injuries
• There are substantial damages involved in your case

Who will pay for my medical expenses?
The property owner is responsible for all reasonable and necessary medical expenses incurred as a direct result of your injury. These claims are supposed to be paid under the owner's liability policy with their insurance company.

What other damages are recoverable in a premises liability case?
Generally, a plaintiff will be able to recover all economic damages incurred resulting from the occurrence. Many times non-economic damages are also awarded (i.e. pain and suffering, loss of enjoyment of life, inconvenience, etc.).

Should I hire a premises liability attorney?
Yes. If you have been injured in a premises accident, including a slip and fall accident, it is advisable to immediately consult a personal injury attorney. The insurance company for the property owner is not your ally regardless of how cooperative or friendly it may seem. That insurance company has attorneys and other resources to try to defeat any claim you assert. In order to be on equal footing, you need to have an injury attorney on your side. Early consultation with an attorney can also help your case in that your attorney may be able to help investigate and document your case. Sometimes a delay results in witnesses and evidence disappearing or becoming more difficult to obtain. The opposing insurance company will be aggressively investigating your case and you need someone doing the same for you. Contact the experienced premises liability lawyers at David Resnick & Associates, PC today to schedule your free initial consultation.

For more information:
Property Owner Responsibility
NY Premises Liability
New York Slip and Falls
Slip and Fall Evaluation Form