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Premises Negligence: Who Is Responsible for Your Injury?

December 6, 2025

Getting hurt on someone else’s property can be confusing and stressful. But the law requires property owners to keep their spaces safe. If a hazard caused your injury, you may have a right to compensation.

What Is Premises Liability?

  • Premises liability means property owners must:

    • Keep their property safe
    • Fix dangerous conditions
    • Warn visitors about hazards

    If they fail, they may be responsible for your injury.

    Learn more about premises safety from the Centers for Disease Control and Prevention (CDC): https://www.cdc.gov

When Is the Owner Liable?

To prove negligence, you must show:

  1. Ownership or Control of the property
  2. Duty of Care to keep the area safe
  3. Breach of Duty (they didn’t fix or warn about hazards)
  4. Injury and Causation (the hazard caused your injury)

Common examples:

  • Slip and falls
  • Poor lighting
  • Broken steps
  • Unsafe walkways
  • Negligent security

 

Who May Be Responsible?

 

    • Homeowners
    • Landlords
    • Commercial property owners
    • Property managers
    • Maintenance companies
    • Businesses renting the property

Limits and Defenses

 

  • A property owner may not be liable if:

    • The hazard was obvious
    • You were trespassing

    You were partly at fault (comparative negligence)

What Should You Do After an Injury?

 

  • Take photos of the hazard
  • Get witness names
  • Keep medical records
  • Report the incident

Contact a lawyer before accepting any settlement. 

Why You Should Talk to a New York Premises Liability Lawyer

  • New York has specific rules for slip-and-fall and premises cases. A lawyer can help investigate, identify the responsible parties, and protect your right to compensation.

Key Takeaways

  •  Property owners must keep visitors safe.
  • You may be compensated if a hazard caused your injury.
  • Document the hazard and get medical care.
  • Speak with a lawyer before accepting any offer.
  •  

Frequently Asked Question

1. What counts as a premises negligence case?
An injury caused by unsafe property conditions.

2. Can more than one person be responsible?
Yes. Multiple parties may share liability.

3. What if I was partly at fault?
New York allows partial compensation under comparative negligence.

4. Do I need to report the incident?
Yes. Reporting helps support your case.

Bottom Line

 

Property owners are legally required to keep their premises safe. If you’re injured due to unsafe conditions, you may have the right to compensation, but you should document the hazard, seek medical care, report the incident, and consult a lawyer before accepting any settlement.

Liability can involve multiple parties, and New York law considers partial fault.

References

  1. Centers for Disease Control and Prevention (CDC). Safety Hazards. Available at: https://www.cdc.gov – Provides guidance on identifying and preventing hazards in various environments to reduce injuries.

  2. Occupational Safety and Health Administration (OSHA). Walking and Working Surface Safety. Available at: https://www.osha.gov – Offers regulations, standards, and recommendations for maintaining safe walking and working surfaces in workplaces.

  3. U.S. Consumer Product Safety Commission (CPSC). Available at: https://www.cpsc.gov – Provides information on product-related hazards, recalls, and safety standards to protect consumers.

  4. American Bar Association (ABA). Available at: https://www.americanbar.org – Offers resources on legal rights and guidance related to personal injury, premises liability, and other civil matters.