[{"@context":"https:\/\/schema.org\/","@type":"Article","@id":"https:\/\/www.injuryclaimnyclaw.com\/new-york-city-home-owners-liability-lawyer\/#Article","mainEntityOfPage":"https:\/\/www.injuryclaimnyclaw.com\/new-york-city-home-owners-liability-lawyer\/","headline":"New York City Home Owner Liability Lawyer","name":"New York City Home Owner Liability Lawyer","description":"When an injury accident occurs on private residential property in New York City that the property owner failed to keep reasonably safe, they may be liable for compensating the injured party for their financial and personal injuries and losses through their homeowner\u2019s insurance coverage. In most cases, the owner of the private property\u2019s homeowner\u2019s insurance […]","datePublished":"2023-12-12","dateModified":"2026-09-30","author":{"@type":"Person","@id":"https:\/\/www.injuryclaimnyclaw.com\/blog\/author\/davidresnick\/#Person","name":"David Resnick","url":"https:\/\/www.injuryclaimnyclaw.com\/blog\/author\/davidresnick\/","identifier":12,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/9a3013950d41a44d6b0e6763649a50fe204ed95d3b6159870ec7dc3bb33ff2c6?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/9a3013950d41a44d6b0e6763649a50fe204ed95d3b6159870ec7dc3bb33ff2c6?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"David Resnick & Associates","logo":{"@type":"ImageObject","@id":"https:\/\/www.injuryclaimnyclaw.com\/wp-content\/uploads\/2024\/01\/david-resnick-logo.png","url":"https:\/\/www.injuryclaimnyclaw.com\/wp-content\/uploads\/2024\/01\/david-resnick-logo.png","width":287,"height":87}},"image":{"@type":"ImageObject","@id":"https:\/\/www.injuryclaimnyclaw.com\/wp-content\/uploads\/2023\/12\/attorney-David-Resnick.jpeg","url":"https:\/\/www.injuryclaimnyclaw.com\/wp-content\/uploads\/2023\/12\/attorney-David-Resnick.jpeg","width":600,"height":400},"url":"https:\/\/www.injuryclaimnyclaw.com\/new-york-city-home-owners-liability-lawyer\/","video":{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=8p1qm75k5SM#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=8p1qm75k5SM","name":"Can I Win a Slip and Fall Case in NY if I Was Partially at Fault? - David Resnick & Associates, P.C.","description":"\ud83d\udd17 Learn more about NY slip and fall claims and partial fault: https:\/\/www.injuryclaimnyclaw.com\/slip-and-fall-accidents\/\n\nCan you still win a slip and fall settlement in New York if you were partially to blame for your own accident? In this video, New York Personal Injury Attorney David Resnick discusses comparative negligence laws in NY and breaks down how insurance companies try to deny claims by arguing that you were not paying attention or that the defect was too minor (de minimis) to matter.\n\nWe take a deep dive into a real-life NY case study where a woman slipped on food outside a hospital cafeteria\u2014food she had actually seen 25 minutes earlier. We explain why the jury found her 40% responsible but held the hospital 60% liable, resulting in a seven-figure verdict for her injuries. We also cover why sidewalk height defects as small as half an inch are not automatically considered minor when they stretch across an entire walkway slab.\n\n\ud83d\udcf2 Follow us:\n\u25ba Facebook: https:\/\/www.facebook.com\/DavidResnickLaw\/\n\u25ba Twitter: https:\/\/twitter.com\/injurylawyernyc\n\u25ba LinkedIn: https:\/\/www.linkedin.com\/in\/nyinjuryattorney\/\n\u25ba Yelp: https:\/\/www.yelp.com\/biz\/david-resnick-and-associates-pc-new-york-2\n\n\ud83d\udccd David Resnick & Associates, P.C.\n450 7th Ave #409\nNew York, NY 10123\n\ud83d\udcde (212) 279-2000\n\ud83c\udf10 https:\/\/www.injuryclaimnyclaw.com\/\n\n#SlipAndFallLawyer #PersonalInjuryLawyer #NewYorkLawyer #PremisesLiability #DavidResnickLaw #TripAndFall\n\nFULL VIDEO TRANSCRIPT\n\nDavid Resnick: Can I still win my case even though I'm partially at fault? That's a great question. The answer is definitely yes.\n\nDavid Resnick: The lawyers or the insurance carrier for the property owner, their job is to show that you were at least in part at some fault. They'll ask you during a case, \"Where were you looking when you fell?\" Well, if you were looking down at the defect, then you wouldn't have fallen. And the fact that you fell means you weren't paying attention. Every single case we've had, that's a claim that the defendants make, and we've been able to beat that claim.\n\nDavid Resnick: We had a case in which a woman slipped and fell inside a hospital on some pieces of food just outside the cafeteria where she had actually seen the food about 25 minutes before as she was going into the cafeteria. On her way out, she forgot that the food was there, or she had just assumed that it would be removed, and she slipped and fell on the food that she had seen 25 minutes prior.\n\nDavid Resnick: The defendant hospital made a big deal out of that\u2014saw it 25 minutes before, how could she miss it if she knew it was there? She forgot. She forgot that it was there. There was the last thing on her mind was the food she saw. She was in a hospital; she had a lot of other concerns on her mind at the time. We tried that case, and the jury did say that she was 40% responsible, but they found that the hospital was 60% responsible, and she recovered a seven-figure verdict for her injuries.\n\nDavid Resnick: Another thing that comes up is what's called a de minimis defect. A de minimis defect is one where the defendant or the insurance carrier will claim that what caused you to trip and fall is so minor that you shouldn't be able to make a claim. First of all, the accident happened. The accident happened and was caused by that defect\u2014there is a defect there. Let's say the defect is only half an inch high or a quarter of an inch high. Well, if it goes across an entire sidewalk slab, that's not really de minimis, is it?\n\nDavid Resnick: A lot of people are at least partially at fault when they trip and fall. Our argument is, hey, if the defect wasn't in the sidewalk in the first place, that wouldn't matter. Whether it's the injured victim's fault or not, you know, that's a very subjective thing. How many different things is someone who's walking in a New York City street supposed to view at the same time? If the sidewalk is smooth, that should be the last thing that they should be noticing. It's reasonable to expect that there's not going to be a broken sidewalk where you're walking.\n\nDavid Resnick: My name is David Resnick. If you've been injured in an accident, call me at (212) 279-2000. That's (212) 279-2000.","thumbnailUrl":["https:\/\/i.ytimg.com\/vi\/8p1qm75k5SM\/default.jpg","https:\/\/i.ytimg.com\/vi\/8p1qm75k5SM\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/8p1qm75k5SM\/hqdefault.jpg","https:\/\/i.ytimg.com\/vi\/8p1qm75k5SM\/sddefault.jpg","https:\/\/i.ytimg.com\/vi\/8p1qm75k5SM\/maxresdefault.jpg","https:\/\/i.ytimg.com\/vi\/8p1qm75k5SM\/fhddefault.jpg"],"uploadDate":"2026-09-30T00:10:56+00:00","duration":"PT2M42S","embedUrl":"https:\/\/www.youtube.com\/embed\/8p1qm75k5SM","publisher":{"@type":"Organization","@id":"https:\/\/www.youtube.com\/channel\/UCdbSoi4Cq6fpUOtJjqQAb5g#Organization","url":"https:\/\/www.youtube.com\/channel\/UCdbSoi4Cq6fpUOtJjqQAb5g","name":"David Resnick & Associates, P.C.","description":"Why Do You Need An Attorney?Contact Our New York Personal Injury Attorneys\nWhether you\u2019ve been hurt in a New York car accident, a slip & fall, or a construction accident, every New York Personal Injury Lawyer at the law firm of David Resnick & Associates, P.C. is committed to helping you with your legal needs.\n\nDavid Resnick, the firm\u2019s founder and a New York Personal Injury Lawyer, believes that strong client relationships, built on trust and communication, are the keys to success. He is committed to helping clients throughout the New York area, including Manhattan, Queens, Brooklyn, Staten Island, the Bronx and all of New York City, rebuild their lives after a traumatic injury or accident.","logo":{"url":"https:\/\/yt3.ggpht.com\/ytc\/AIdro_lgcFapDitICjoV-WReLoRlYkWFp2CMA5ltaWevhI7LLb0=s800-c-k-c0x00ffffff-no-rj","width":800,"height":800,"@type":"ImageObject","@id":"https:\/\/www.youtube.com\/watch?v=8p1qm75k5SM#VideoObject_publisher_logo_ImageObject"}},"potentialAction":{"@type":"SeekToAction","@id":"https:\/\/www.youtube.com\/watch?v=8p1qm75k5SM#VideoObject_potentialAction","target":"https:\/\/www.youtube.com\/watch?v=8p1qm75k5SM&t={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"},"interactionStatistic":[[{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=8p1qm75k5SM#VideoObject_interactionStatistic_WatchAction","interactionType":{"@type":"WatchAction"},"userInteractionCount":23}]]}},{"@context":"https:\/\/schema.org","@type":"BreadcrumbList","@id":"https:\/\/www.injuryclaimnyclaw.com\/new-york-city-home-owners-liability-lawyer\/#BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"New York City Home Owner Liability Lawyer","item":"https:\/\/www.injuryclaimnyclaw.com\/new-york-city-home-owners-liability-lawyer\/#breadcrumbitem"}]}]