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If a person has a slip and fall accident in my property, am I held liable for their injuries in New York?
Under New York law, when is liability imposed on a landowner for a slip and fall accident caused by snow and ice on his or her property?
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Property owners are liable for slip and fall injuries involving ice and snow on their property only when they brought about the dangerous condition that was responsible for the accident or had constructive or actual notice of it. Nielsen v. Metro-North Commuter R.R. Co., 30 A.D. 3d 497, 817 N.Y.S.2d 110 (2006) Where there is insufficient evidence that the landowner created or had actual notice of the condition, liability is decided by determining whether he or she had constructive notice. A defendant has constructive notice where a defect is apparent and visible and is present for a sufficient period of time before the accident to allow his or her employees to discover and rectify the situation.
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Posted by Yara Zakharia on 21 Jan 2010
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