about us
Understanding the Legal Elements of a Premises Liability Claim in New York
Laurence Rogers| Jan 05 2026 20:11
When you're hurt on someone else's property—whether in a store, apartment building, parking lot, or private home—you may have a premises liability claim. As a premises liability attorney Nassau
residents trust, I focus on explaining these cases in clear, practical terms so you know what to expect and what matters most.
The Four Key Elements of a Premises Liability Claim
To succeed in a premises liability case in New York, you generally must prove these four elements:
1. Duty
Property owners and businesses have a duty to keep their property reasonably safe. The exact duty depends on the type of property and who was visiting, but in most situations, owners must maintain, inspect, and repair hazardous conditions—or warn visitors if something isn’t safe.
2. Dangerous Condition
You must show that there was a dangerous or defective condition on the property that posed a foreseeable risk of harm. Examples include spills, uneven flooring, broken stairways, poor lighting, potholes, or icy walkways. If you’re unsure what counts, see my page on Slip and Fall Accidents.
3. Notice
New York law requires proof that the property owner either:
- Created the dangerous condition,
- Knew about it (actual notice), or
- Should have known about it through reasonable inspections (constructive notice).
This is often one of the most contested parts of a premises liability case.
4. Causation
Finally, you must show that the dangerous condition directly caused your injuries. In other words: but for the unsafe condition, the fall or accident would not have happened.
Evidence Checklist: What to Gather After an Injury
Strong evidence can make the difference in a premises liability claim. Here’s what to collect whenever possible:
- Photos or videos of the hazard (immediately and before it’s cleaned or repaired)
- Witness names and contact information
- Incident or accident reports filed with the property owner or business
- Medical records documenting your injuries
- Clothing or footwear from the incident (don’t throw anything away)
- Receipts or timestamped proof showing when you were at the location
- Security camera footage (request quickly—many systems overwrite within days)
When to Call a Lawyer
Premises liability cases can be complex, and property owners often move quickly to fix hazards or shift blame. Getting a legal review early can help protect your claim and secure critical evidence.
If you or a loved one has been injured on someone else’s property, contact me today. I’m always available to talk and offer straightforward guidance. Visit my Contact
page or reach out directly to the Law Offices of Laurence Rogers for a free consultation.
Experience you trust. Attention you deserve.
