Premises Liability Information Center
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Frequently Asked Questions about Premises Liability
Q: What is premises liability?
A: Premises liability is the area of the law that establishes guidelines regarding duties that a property owner or occupier has to protect entrants from dangerous conditions or defects on the property.
Q: What is a licensee?
A: A licensee is a person who enters the premises with the landowner's express or implied permission and for his or her own purposes, rather than for the landowner's benefit. A social guest is considered a licensee.
The term "premises liability" refers to a situation where an individual is injured on property or "premises" owned or maintained by someone else.
Inattentive property owners have no excuse when they are aware of a hazard or should have been aware of any dangers. At Pazer, Epstein & Jaffe, P.C. in New York City, we work hard to hold them accountable when our clients are hurt while on their premises. Whether it’s a slippery surface not attended to or a collapsing ceiling, you are entitled to compensation if you are injured. Our law firm has extensive experience in this area and a track record of success in handling premises liability cases. Listed below are various resources to answer any questions you may have about a possible premises liability case.
The following content on this page is provided for general informational purposes and is not necessarily specific to New York State Law. Please call if you have questions.
Premises Liability - An Overview
Every year, many people are hurt while in someone else's home or place of business. People may be injured on a flight of stairs, on a patch of ice or snow, by a building defect, or by the intentional, criminal act of a third party. Premises liability is the area of the law that establishes guidelines regarding duties that a property owner or occupier has to protect entrants from dangerous conditions or defects on the property. Generally, the law provides that property owners must keep their premises reasonably safe for people who are on the property.
If you have been injured while on property belonging to someone else, it is essential that you seek legal advice as soon as possible. Contact Pazer, Epstein and Jaffe in New York, Huntington, New York, today to schedule a consultation with a personal injury attorney to discuss your case.
Keeping the Premises Safe
A property owner or a person in possession of property has a legal responsibility to keep the premises safe. These responsibilities vary from state to state, and they vary based on how the entrant to the property is classified. An attorney who is knowledgeable about the law of premises liability can advise you regarding the applicable duties of the property owner.
Toxic Substances on the Property
Toxic substances may include numerous things, including some you may not think of as particularly hazardous or some that were not regarded as dangerous when they were used. Examples include such common products as asbestos shingles or insulation, lead-based paint, mold and fluids drained from motor vehicles.
Criminal Acts by Third Parties
A common type of premise liability case arises where a person is injured by the intentional, criminal acts of a third party while on another's property. Generally, a landowner does not have a duty to protect people on his or her property from criminal acts by third persons, absent a special relationship. A commercial property owner is not an insurer of the safety of the customers entering the space, and has no duty to protect against unforeseeable criminal actions.
Liability of Tenants and Landlords
There are situations in which it might be advisable to include both a tenant and landlord as defendants in a premises liability suit. For example, if you are injured in a store, but the store owner is a tenant and the shopping center is actually owned by a separate landlord. Another example is if you are injured while visiting a friend's apartment. Generally, a landlord owes tenants a duty to use reasonable care and a duty to tenants and visitors to keep the premises in a reasonably safe condition.
Duties Owed By Property Owners and Occupiers
In many states, property owners and possessors owe different degrees of responsibility, or duties, to people who come onto their property, depending on how such people are categorized. The law recognizes three main categories of people who might be on someone else's property: invitees, licensees and trespassers. In states that still distinguish among these categories of people, the legal duty owed by the property owner or occupier to each category is different.
Premises Liability Resource Links
Bureau of Labor Statistics
Features labor data, surveys, publications and more.
Centers for Disease Control (CDC) Health Topic: Injury and Violence
Features information on accident and injury causes, prevention and statistics.
MedlinePlus
Features articles on accident prevention and safety. Sponsored by the US National Library of Medicine and the National Institutes of Health.
National Safety Council
Features home, environment and workplace safety resources.
National Institute for Occupational Safety and Health
This Web site has information and links about preventing workplace injuries and illnesses.
