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All property owners in the state of New York are required to keep their grounds safe. This ensures that whoever comes onto their property is safe and cannot become injured due to poor conditions. Unfortunately, this is not always the case and properties are not always managed by their owners. This can cause accidents to happen which can lead to serious injuries. When a person becomes harmed in a personal injury accident, they can experience significant physical, emotional, and financial burdens.

When a person becomes injured due to poorly maintained property, they often wish to hold the owner responsible for negligence. This can be pursued through a premises liability claim. With this, the injured party may be able to receive compensation for any damages incurred from the accident.

Case Examples

When a property owner does not take care of their property, it can become very dangerous. There are several ways that injuries can occur due to hazardous property conditions. Situations that are covered under premises liability law can include:

  • Slip and fall accidents
  • Dangerous conditions
  • Defective security
  • Inadequate maintenance
  • Poor weather conditions
  • Inadequate lighting

Duty of Care

When an injured party wants to pursue a premises liability lawsuit, it is important for them to understand two things: who owns the property and why they are liable for the accident. As a property owner, they are responsible for taking care of their grounds so that people cannot become injured as a result. This duty of care is owed towards people on their property regardless of if they are an invitee or a licensee. An invitee is a person invited onto the property for business or commercial reasons. A licensee is a person that was on the property for non-business or non-commercial reasons, such as social gatherings.

There are circumstances in which a property owner may owe a duty of care to a person trespassing on their property. When a property owner is aware of a trespasser on their grounds, they are required to inform them of any hazardous conditions on their property that could potentially cause injuries.

Proving a Case

During a lawsuit, the injured party must prove negligence in order to be successful. To do this, they must first prove the property owner was responsible for maintaining the grounds they were injured on. Once this is done, they must then prove that the owner failed to provide their duty of care by taking care of the property. In addition to this, it must be shown that the accident and their injuries were a direct result of this negligence. Evidence that may be used to prove this can include pictures of the property, medical documentation of the injuries, and any witnesses to the accident.

Contact our Firm

If you have been seriously injured as a result of another party’s negligence, contact Swerling Law today to schedule a free initial consultation.


To a man who was assaulted at a restaurant and sustained a traumatic brain injury.


Settlement to a barista who slipped and fell on a defective stairwell while working for Starbucks who sustained back injuries requiring multiple surgeries in 2012.


Settlement to a woman who was assaulted and sustained back/hip injuries in 2015.


To a man who sustained back injuries when he was a passenger in the car that rear ended another car.


Verdict to a high school student who was assaulted by a school dean during her lunch period dislocating her hip in 2014.

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