Premises Liability

OSHA investigating Staten Island ceiling collapse

New York business property owners, like residential landlords, owe a duty of care to their tenants, visitors and any workers invited to do work on the premises. Negligence may have tragic consequences and cause serious injuries and fatalities. The U.S. Occupational and Health Administration in New York commenced an investigation into the collapse of a… (keep reading)

New York’s legal protections for construction workers

New York’s construction workers routinely face hazards that can lead to serious injuries and fatalities. Although an employer’s workers’ compensation provides some financial protection, it may not provide adequate relief for the serious losses that are suffered. Other contractors and subcontractors working at a construction site may also be liable for injuries suffered by a… (keep reading)

When is premises liability an issue in parking lots?

In New York, the owner of a public building has the obligation to keep their premises reasonably safe for members of the public. This includes having a safe means to enter and exit the building. This rule is applicable to office buildings and stores, for example. Landowners must also act reasonably in keeping the conditions… (keep reading)

New York law requires compliance with construction specifications

In addition to the duty of care owed to customers and guests, building owners in New York have responsibilities to workers. Under the state’s labor law, owners of buildings and contractors must provide reasonable and adequate protection and safety to persons employed on construction work at the site. This duty is extended to workers who… (keep reading)

Are there limits to an owner’s liability?

New York places legal responsibilities upon owners to maintain their properties and may hold them liable for any injuries that incur on their premises. This liability is not absolute, however. Owners must keep their property in a reasonably safe condition and cannot not create a dangerous or defective condition on the premises. Owners must have… (keep reading)

How far is a dog’s liability leash?

A landlord is normally not responsible if someone is injured by a tenant’s dog where the injury — such as a dog bite — takes place off of the landlord’s property. There is an exception to this legal rule, however. The owner or person who controls a premises may be held liable for dog bites… (keep reading)

Can bad instructions resultin a premises liability claim?

In New York, landlords and property owners may be liable for injuries suffered by guests if the owner did not keep their premises in a reasonably safe condition. In other words, knowing about an unsafe condition and not properly repairing it can result in liability to the property owner. However, property owners or occupants also… (keep reading)

What is New York’s notice rule?

Persons injured on another premises must prove that the owner of the premises owed a duty of care to the plaintiff, that the owner breached that duty and that the breach of this duty caused the damages or injury. Where a person is injured in a slip and fall accident, however, New York courts also… (keep reading)

How responsible is the repairman?

New York places premises liability upon landlords and building owners for accidents in their buildings or on their property. They may have to pay compensation to injured parties if they were negligent in dealing with an unsafe condition. In other words, owners are liable for injuries if they knew or should have known about the… (keep reading)

Repeats may hold landlords liable

New York law holds landlords and property owner responsible for injuries suffered by individuals who were lawfully their property when the owner or landlord knew or should have known about an unsafe condition and did not properly repair, eliminate it or cordon it off. Property owners may also be liable for injuries in stairway accidents… (keep reading)

Advocacy report shows construction injury risk

A recent report on construction injuries in New York showed that workers in this occupation remain at risk for serious and even fatal injuries. While this work remains dangerous, efforts are being made to weaken laws designed to protect workers. In its 2015 report, the New York Committee for Occupational Safety and Health cited research… (keep reading)

What is the owner’s security responsibility?

In New York, owners and landlords owe a duty of care to guests on their property to keep their property in a safe condition and minimize foreseeable dangers such as criminal acts committed by third parties. Failure to comply with this duty may impose liability upon the owners. This duty is not absolute, however. Owners… (keep reading)