What if the NYC Property Owner Claims They Didn't Know About a Hazard?

Slips, falls, and other property-related accidents often occur because of dangerous conditions that should have been corrected before anyone was injured. Wet floors, broken stairs, loose handrails, and uneven sidewalks, amongst others, can all lead to serious injuries. When these incidents happen, many victims assume the property owner is responsible.

However, property owners and their insurance companies frequently respond with a common defense: they claim they didn’t know the hazard existed. At Lipsig, Freund & Wisell, our attorneys regularly evaluate premises liability cases and help determine whether property owners failed to maintain reasonably safe conditions.

Property Owners Must Maintain Safe Premises

New York law requires property owners to keep their premises reasonably safe for visitors, tenants, and customers. This duty includes routinely inspecting the property and correcting hazardous conditions.

If dangerous conditions are ignored or left unaddressed, serious injuries can occur. According to the Centers for Disease Control and Prevention, falls are among the leading causes of injury in the United States. Because of these risks, property owners are expected to take reasonable steps to prevent hazards from developing.

When Lack of Knowledge Is Not a Valid Defense

Property owners sometimes argue that they cannot be responsible because they were unaware of the hazard. In some cases, this argument may have limited merit.

However, the law also recognizes that property owners must actively inspect their premises. If a hazard existed long enough that it should have been discovered during normal inspections, the owner may still be responsible.

For example, a spill that remains on a grocery store floor for an extended period of time may indicate that staff failed to properly monitor the area.

Evidence That Can Show a Hazard Should Have Been Discovered

Proving liability often depends on demonstrating that the dangerous condition existed long enough that the property owner should have known about it. Evidence commonly used in these cases may include:

• Surveillance footage showing how long the hazard was present
• Maintenance or cleaning records
• Incident reports filed by employees
• Witness statements
• Photographs taken shortly after the accident

Why Property Owners and Insurance Companies Deny Knowledge

Insurance companies often encourage property owners to claim they were unaware of a hazard. This strategy can make it harder for injured victims to prove responsibility.

Adjusters may argue that the dangerous condition appeared suddenly or that no one could reasonably have noticed it in time to correct the problem.

These arguments are frequently used to reduce or deny claims. Many hazards exist long enough that proper inspections would have identified them before someone was injured.

Contact a Trusted NY Personal Injury Attorney

Premises liability cases often depend on gathering detailed evidence about how the hazard developed and how long it existed. Maintenance logs, inspection records, and surveillance footage can provide important clues. When hazardous conditions are ignored or poorly maintained, injured victims may have the right to pursue compensation.

If you were injured because of a dangerous condition on someone else’s property in New York City, Lipsig, Freund, & Wisell, PLLC can help you understand your legal options. Call (212) 285-3300 or use our contact form to schedule a consultation.