How Negligent Maintenance Contributes to Premises Liability Claims
Premises liability refers to a property owner’s legal responsibility to maintain a safe environment for those who enter their premises. When negligent maintenance results in hazardous conditions, the property owner may be held liable for any resulting injuries. Under New York law, property owners, landlords, and property managers have a duty to maintain their premises in a reasonably safe condition. Failure to fulfill this duty can lead to legal claims from injured parties.
Common Examples of Negligent Maintenance
Negligent maintenance can take many forms, including but not limited to:
- Slippery or Wet Floors – Failure to clean spills, leaks, or tracked-in moisture can lead to dangerous slip and fall accidents. Property owners are required to address these hazards promptly and place warning signs when necessary.
- Faulty Staircases and Handrails – Broken steps, missing handrails, or loose railings can lead to serious falls, particularly in apartment buildings, office complexes, and public spaces. If a property owner fails to repair the hazards, they can be held liable for injuries.
- Defective Lighting – Poorly lit hallways, stairwells, parking lots, and common areas increase the risk of falls, assaults, and other accidents. Property owners must ensure adequate lighting in these spaces.
- Broken or Uneven Flooring – Cracked tiles, loose carpeting, or uneven sidewalks create trip hazards. Property owners, managers, and occupiers must arrange for regular inspections and timely repairs to prevent accidents.
- Inadequate Security Measures – Neglecting security systems, failing to fix broken locks, or ignoring reports of criminal activity can result in liability if a person is harmed due to foreseeable criminal acts.
- Malfunctioning Elevators and Escalators – Property owners must ensure that elevators and escalators are regularly inspected and properly maintained. Mechanical failures, sudden drops, or entrapment due to poor maintenance can result in serious injuries.
- Obstructed Walkways – Debris, fallen merchandise, and other obstacles can create tripping hazards. Keeping hallways and pathways clear is necessary to prevent accidents.
- Leaking Ceilings and Water Damage – Persistent leaks that go unaddressed can create slippery surfaces and weaken structural elements, posing serious risks to tenants and visitors.
- Neglected Snow and Ice Removal – Property owners have a duty to clear ice and snow from sidewalks, entryways, and parking areas in a reasonable timeframe to prevent slip-and-fall accidents.
- Pest Infestations and Structural Decay – Unchecked rodent infestations, rotting wood, or crumbling walls not only pose health risks but also create hazardous conditions that can lead to premises liability claims.
- Exposed Electrical Wiring – Exposed wires can lead to electrocution risks or hazardous walking conditions. Property owners are responsible for ensuring all electrical systems and wirings are properly maintained to prevent accidents.
Legal Standards for Negligent Maintenance in New York
New York courts determine premises liability claims based on several key legal principles:
- Duty of Care – Property owners owe a duty of care to maintain their premises in a reasonably safe condition. This duty extends to tenants, customers, employees, and guests.
- Notice Requirement – The injured party must prove that the property owner had actual or constructive notice of the hazardous condition. Actual notice means the owner was directly aware of the issue, while constructive notice means the issue existed for a long enough period that the owner should have known about it.
- Proximate Cause – There must be a direct link between the negligent maintenance and the injury sustained. The hazardous condition must be a substantial factor in causing the accident.
- Comparative Negligence – New York follows a pure comparative negligence rule, meaning an injured party can recover damages even if they are partially at fault for their injuries. However, their compensation is reduced by their percentage of fault.
Proving a Negligent Maintenance Claim in New York
To establish a successful premises liability claim based on negligent maintenance, the injured party must demonstrate:
- The property owner had a duty to maintain the premises safely.
- The owner knew or should have known about the hazardous condition and failed to remedy it.
- The hazardous condition directly caused the injury.
- The injury resulted in damages, such as medical expenses, lost wages, or pain and suffering.
Potential Defenses in Negligent Maintenance Cases
Property owners and insurers may use several defenses to dispute liability, including:
- Lack of Notice – Arguing that they were unaware of the hazardous condition and did not have sufficient time to address it.
- Open and Obvious Hazard – Claiming the danger was clearly visible and should have been avoided by the injured party.
- Comparative Negligence – Asserting that the victim was partially responsible for their injury, reducing potential compensation.
- Assumption of Risk – If the injured party knowingly entered a hazardous area, the owner may argue they assumed the risk of injury.
Compensation for Victims of Negligent Maintenance
Victims of premises liability accidents caused by negligent maintenance may recover damages for:
- Medical expenses, including hospital bills, surgeries, and rehabilitation
- Lost wages and diminished earning capacity due to injuries
- Pain and suffering, including emotional distress and reduced quality of life
- Punitive damages in cases of extreme negligence or willful misconduct
Our Leading NYC Premises Liability Lawyer is Ready to Fight for You
New York premises liability attorney Michael S. Lamonsoff, widely recognized as “The Bull,” is a fearless advocate for injury victims. He has earned prestigious accolades such as Super Lawyers 2024, the Top 10 Best of The Best Attorney Award, and the American Institute of Personal Injury Attorneys’ 10 Best Attorneys from 2020 to 2025.
Michael’s reputation as a high-powered trial lawyer is reinforced by the Litigator of the Year award from the American Institute of Trial Lawyers and a top AVVO rating with more five-star reviews than any other personal injury lawyer in New York. Since 2020, his firm has consistently secured some of the nation’s Top 100 Verdicts, as recognized by Best of the Bar.
If you or a loved one has suffered due to negligent property maintenance, trust Michael S. Lamonsoff to fight for the maximum compensation you are entitled to. To schedule your free consultation, call us today at 212-962-1020 or contact us online.