New York Premises Liability Laws

Posted in Premises Liability on July 14, 2025

New York City residents and visitors like to believe they are safe from injuries when they legally enter a property, whether as a tenant in an apartment building, a shopper in a store, or a patron in a restaurant or coffee shop.Unfortunately, not every property owner takes the necessary steps to ensure that their premises are free of safety hazards, resulting in accidents such as slip-and-fall injuries, pool injuries, burns, carbon monoxide exposure, elevator injuries, and even balcony and ceiling collapses.

After suffering a preventable injury on someone else’s property, it’s important to know your legal rights under New York’s premises liability laws — a NYC premises liability attorney from the Law Offices of Jay S. Knispel is here to help.

Call us today to get started with a free consultation.

A New York Property Owner’s Legal Duty of Care

All property owners in New York must take reasonable measures to keep their property safe for anyone who enters the property legally. Even private property must be reasonably safe for delivery people, postal workers, and others who enter the property for non-criminal purposes. A commercial property owner, such as the owner of a store, restaurant, apartment building, or hotel, has an enhanced legal obligation because they invite others to their property for business purposes.

New York City’s Department of Housing Preservation & Development HPD) lists a rental property owner’s responsibilities, but all property owners have a duty of care to do the following:

Adhere to New York’s building codes and safety standards
Regularly inspect the property for repair or maintenance issues and recognize safety hazards
Promptly address safety hazards by placing warning signs and facilitating repairs or corrective measures as soon as possible

Despite New York’s laws, it’s not uncommon for a property owner to cut corners, procrastinate on required repairs, or provide insufficient maintenance or inadequate security.

Does a New York Property Owner Owe a Duty of Care to Trespassers?

Although property owners in New York are required to maintain their property in a reasonably safe condition, they owe the least duty of care to trespassers or those entering the property to commit a crime. Although under New York’s premises liability laws, a property owner cannot intentionally cause harm to a trespasser, they do not typically owe a duty of care to prevent them from suffering accidental injuries.

Children are an exception to this New York premises liability law. Young children are not considered trespassers even if they enter a property without permission, particularly if the property contains what the law describes as an “attractive nuisance,” such as a pool or play structure.

What are the Requirements for Filing a Premises Liability Claim In New York?

New York’s premises liability laws place the burden of proof on the injury victim. An injury victim seeking compensation through a New York premises liability claim must demonstrate through the evidence that the property owner was aware of the hazardous condition, or should reasonably have been aware of it, they violated their duty of care to take reasonable measures to address the problem, the violation of their duty caused injury to a person lawfully on the property, and the injury victim suffered damages from the injury.

Proof of property owner liability in New York often includes photos, videos, eyewitness testimony, and evidence of previous injuries or repair requests.

After Proving Property Owner Liability, an Injury Victim Has a Right to Compensation

An injury victim seeking compensation must not only show evidence of the property owner’s liability, but must also provide evidence of their injury-related damages. This typically includes documentation of their medical expenses, anticipated future medical expenses, lost earnings, and future income loss.

Their NYC slip and fall attorney may consult with medical experts to determine the amount of compensation for pain and suffering. Catastrophic injury victims may also gain compensation for damages such as loss of limb, disfigurement, or the loss of one of the senses. If an injury causes death, a family member could recover wrongful death compensation.

Compensation in this type of case comes from the property owner’s liability insurance.