Premises Liability and Trespassers

In New York, a property owner has a duty to ensure that his or her property is relatively free from harm and dangerous conditions. If someone who is invited on the property or permitted to be on the property is injured, then the property owner may be liable. In general, property owners are not responsible for injuries sustained by individuals who are trespassing on their property. There are some notable exceptions, however. Read more

The Effects of Lead Exposure

The New York City Housing Authority has been chastised for violating rules and regulations regarding lead exposure after it was discovered that agency inspectors had not been checking apartments for lead paint. Federal and city law required the agency to inspect the properties annually to check for the presence of lead, and it failed to do so. At the end of June, the New York City Health Department announced that it had discovered 820 children under the age of 6 that had elevated levels of lead in their systems between 2012 and 2016. Given the long-term health Read more

What is an Attractive Nuisance?

By nature, children are curious, and at times their curiosity can get the better of them. Children may go places or try things that an adult would avoid because of potential dangers. Sometimes this curiosity can put children in a position where they are seriously injured. Children are not expected to behave as adults do, which is why under New York premises liability law, there is the doctrine of “attractive nuisance.” Read more

Premises Liability: Negligent Security

A property owner has a duty to keep their premises in a reasonably safe condition for visitors, residents, and employees. Part of this duty includes a responsibility to take specific security measures to ensure that their property is a safe environment. When a property owner fails to take reasonable steps to secure their property from foreseeable criminal conduct, then they may be held liable for negligent security. Negligent security can result in visitors, residents, and employees being the victims of physical assaults, sexual assaults, robberies, and other acts of violent crime that can lead to serious injury. Read more