New York Premises Liability: Prove Negligence Fast

What You Must Prove in New York

To recover for premises liability in New York, a plaintiff generally must establish: (1) the defendant owed a duty to maintain the premises in a reasonably safe condition; (2) breach of that duty by creating or failing to remedy a dangerous condition; (3) notice – actual, constructive, or creation of the condition by the defendant; and (4) that the breach caused injuries and damages. See Basso v. Miller (duty of reasonable care) and Gordon v. American Museum of Natural History (notice framework).

Proving Negligence Quickly: The Core Strategy

Speed often comes from locking down the notice element:

• Creation: Did the owner’s staff or contractor create the hazard? If so, separate proof of how long it existed is typically unnecessary. See Early v. Hilton Hotels Corp. and Pagan v. NYC Transit Auth..
• Actual notice: Prior complaints, work orders, emails, or incident reports about the same condition or area.
• Constructive notice: The condition was visible and apparent and existed long enough that reasonable inspections would have discovered it. See Gordon; Negri v. Stop & Shop.

Critical Evidence to Gather Immediately

• Incident scene photos and video: Multiple angles, lighting conditions, and context (entrances, signage, cameras).
• Time-stamped surveillance footage: Send preservation letters and seek footage before, during, and after the incident to show duration and staff activity.
• Maintenance and inspection records: Sweep logs, work orders, cleaning schedules, vendor contracts, elevator/escalator service logs.
• Prior complaints and incidents: Tenant or customer complaints, 311 reports, incident reports, insurance notices for the same area.
• Weather and building systems data: Snow/ice records; HVAC/plumbing logs for leaks; roof and facade inspection reports.
• Witness statements: Employees, security, patrons; collect names, roles, contact details.
• Ownership and control documents: Leases, management agreements, and service contracts to identify control and maintenance duties.

Use Notices to Preserve Evidence

Issue prompt preservation letters to owners, managers, and maintenance vendors identifying categories like surveillance video, sweep logs, inspection checklists, incident reports, and communications. Request suspension of routine deletion. Track delivery details to support spoliation remedies if evidence goes missing. See Voom HD Holdings LLC v. EchoStar and Pegasus Aviation I, Inc. v. Varig Logistica S.A..

Establishing Constructive Notice

Constructive notice requires the hazard to be visible and apparent and to have existed for a sufficient time before the incident to permit discovery and remedy through reasonable care. See Gordon. Time-focused indicators include recurring leaks causing puddles; dried edges, footprints, or track marks showing a spill persisted; ice accumulation patterns; prior work orders for the location; or missed inspections suggested by schedules and logs. Pair these with surveillance and testimony on inspection routines to tighten the timeline. See also Negri.

When the Defendant Created the Condition

If an employee or contractor created the hazard – such as mopping without warnings, stacking merchandise unsafely, or leaving construction debris – New York law treats that as sufficient notice without separate proof of duration. Seek cleaning logs, vendor scopes, change orders, and task assignments around the time of the incident. See Early v. Hilton Hotels Corp.; Pagan.

Open and Obvious and Comparative Fault

Defendants may argue a condition was open and obvious or that the plaintiff was comparatively negligent. In New York, an open and obvious condition can reduce recovery but does not automatically eliminate a landowner’s broader duty to maintain reasonably safe premises; it may negate the duty to warn yet still leave a duty to maintain in certain circumstances. See Tagle v. Jakob; Cupo v. Karfunkel. Comparative negligence issues are governed by CPLR § 1411.

Be ready with lighting measurements, sightline photos, crowding patterns, and testimony about distractions or why traversing the area was necessary.

Control Matters: Who Is Responsible?

Liability can extend to owners, tenants, managing agents, and contractors who exercised control over the area or maintenance. Contracts may allocate inspection and repair duties. For out-of-possession landlords, liability generally depends on control and contractual obligations to maintain or the right to re-enter for repairs. See Gronski v. County of Monroe.

Medical Causation and Damages

Link the hazardous condition to specific injuries through prompt medical evaluation, appropriate imaging, and consistent treatment records. Maintain wage loss documentation, out-of-pocket expenses, and notes on activities of daily living. Anticipate defenses citing preexisting conditions and obtain prior records to distinguish aggravation from new injury.

Move the Case Forward Efficiently

• Serve early, tailored discovery focusing on notice and control; follow with prompt depositions of those most knowledgeable on inspections, maintenance, safety policies, and surveillance retention.
• Use requests to admit to lock down the existence of policies, inspections, or warning signage on the date in question.
• Consult experts (human factors, property management, meteorology, engineering) where they clarify timelines or standards of care.
• Reassess posture if discovery shows lack of notice or control; if notice evidence is strong, consider pressing for early resolution.

Deadlines and Timing

Deadlines vary by defendant and claim type. Many claims against New York municipal entities require a Notice of Claim within 90 days of accrual. See General Municipal Law § 50-e. Other special rules can apply to public authorities or state entities. Consult counsel promptly to protect your rights.

What To Do After an Incident

Frequently Asked Questions

How fast should I send a preservation letter in New York?

Immediately. Aim to send within days to prevent routine deletion of video and logs. Document delivery to support spoliation remedies if evidence is lost.

Do I need to prove how long a hazard existed?

Only if you rely on constructive notice. If the defendant created the condition, separate proof of duration is generally unnecessary.

Who can be liable besides the property owner?

Tenants, managing agents, and contractors with control or contractual maintenance duties may be liable.

Does an open and obvious condition bar recovery?

No. It may reduce recovery or negate a duty to warn, but it does not automatically eliminate the duty to maintain safe premises.

Need help now? Contact our New York premises liability team for a free consultation.

Sources

• Basso v. Miller, 40 N.Y.2d 233 (1976)
• Gordon v. American Museum of Natural History, 67 N.Y.2d 836 (1986)
• Negri v. Stop & Shop, 65 N.Y.2d 625 (1985)
• Early v. Hilton Hotels Corp., 73 A.D.3d 559 (1st Dep’t 2010)
• Pagan v. NYC Transit Auth., 119 A.D.3d 569 (2d Dep’t 2014)
• Tagle v. Jakob, 97 N.Y.2d 165 (2001)
• Cupo v. Karfunkel, 1 A.D.3d 48 (2d Dep’t 2003)
• Voom HD Holdings LLC v. EchoStar, 93 A.D.3d 33 (1st Dep’t 2012)
• Pegasus Aviation I, Inc. v. Varig Logistica S.A., 26 N.Y.3d 543 (2015)
• Gronski v. County of Monroe, 18 N.Y.3d 374 (2011)
• CPLR § 1411 (Comparative Fault)
• GML § 50-e (Notice of Claim)

Disclaimer: This blog is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Legal outcomes and deadlines vary by facts and jurisdiction; consult a licensed New York attorney about your specific situation.