Understanding Property Owner Liability in Slip and Fall Accidents in New York

New York property owners can be held liable for slip and fall accidents in Buffalo if they caused a hazardous condition, knew about a hazard, or should have known about it, and failed to fix it or provide warnings. If any of these circumstances apply, the property owner was negligent. In other words, they owed you a duty of care, breached it, the breach led to your accident, and you were seriously injured. 

However, it’s important to note that courts consider who was responsible for maintenance and safety, as this may mean someone else is liable or that liability is shared between the property owner and another party. 

Examples of Hazardous Conditions That Lead to Slip and Fall Accidents

To understand property owner liability in slip and fall accidents in New York, it helps to look at some common examples. 

• Floors were wet, and there were no warning signs. You slipped and fell. For example, an employee mopped the floor but did not post signage warning of the slippery surface. If the property owner is their employer, they may be liable.
• Icy or uncleared sidewalks caused your fall. If the walkway was on private property and the owner should have known about and attended to the hazard, they may be liable.
• Loose or torn carpeting created a hazard. It is probable that the property owner knew or should have known about the problem. If they failed to provide clear warnings, they may be liable.
• Spilled merchandise in a store caused you to slip and fall. If staff or managers had time to notice the spill and act, but failed to do so, the business can be held liable. 

Property owners are not automatically liable for slip and fall accidents on their premises. The standard of “reasonable care” defined in tort law applies. If there was no way responsible parties could have known about the hazard in time to do anything about it, they are usually not considered liable. 

When the Property Owner is Not Liable, Or Shares Liability With Other Parties

There are times when property owners are not liable or are only partly liable, even when an accident caused by someone failing in their duty of care occurs on their premises. When the property owner is partly liable, you can only claim a proportionate share of your compensation from them, per the principles set forth in New York Civil Practice Law & Rules § 1601. For example: 

• An apartment block’s owner relies on a property management company to maintain the building. The company should have been aware of a hazard and failed to address it. If the property owner is unaware of the problem or has reason to believe the property management firm has attended to it, the property management company is likely to be the liable party.  
• You slip and fall in a store. The business rents the space and has control over it. In this example, the tenant, rather than the owner, is generally liable. The property owner may be partly liable if others had complained about their tenant’s disregard for safety and failed to act. 
• A contract cleaning company’s worker fails to place warning signs when cleaning floors. In most instances, the property owner would be unaware of the issue. The cleaning company is likely liable. However, other parties may share liability if they were responsible for visitors’ safety and were aware of the issue.
• You were looking at your phone and failed to see a hazard. In this example, you are partially liable. If the distraction caused you to miss warnings, you may not be able to claim any compensation. 

When investigating property owner liability for slip and fall accidents in New York, identifying who was responsible for the condition, who knew about it, and how they failed in their duty to keep visitors safe are key considerations. A Buffalo premises liability lawyer will know how to investigate the matter, identifying liable parties and helping you claim compensation.