Slip and fall accidents resulting in personal injuries fall under the category of negligence cases
and, more specifically, they are
premises liability matters. These types of cases involve injuries caused on the property
of another. While some injuries on the property of another are not the
responsibility of the landowner, many times they are; particularly when
the condition on the land is what caused the injury to the entrant.
To be successful in a negligence case, you must prove that the defendant
owed you a duty, breached that duty, and said breach was the cause of
your injuries. This is true of any negligence action in New York.
More specifically in a slip and fall case, you are required to prove notice
as well. In yesterday’s blog post we discussed what notice is and
the various types. We also highlighted some examples and why it is important
to have an experienced Poughkeepsie slip and fall attorney. To read the
click here to visit it.
In that post, we also briefly discussed the duty owed by a landowner, possessor,
or maintainer to an entrant. In the past, the status of an entrant dictated
what the duty was. For instance, the duty owed to a trespasser was to
not intentionally cause any harm. The duty to a social guest, one invited
on the property for non-business reasons, was a duty to warn the social
guest of all dangerous conditions and to do reasonable inspections to
find such dangerous conditions. The duty to a business invitee, one invited
on the property for business reasons, was the highest duty; the duty to
warn of all dangerous conditions and to fix, repair, or otherwise make
safe such conditions for a business invitee.
However, the duty owed by a landowner, possessor, or maintainer of property
was changed in the Court of Appeals case of
Basso v. Miller. In this case, the highest court of New York held that “reasonable
care under the circumstances” must be exercised to avoid foreseeable
harm to a foreseeable entrant on the land. While the status of the entrant
no longer dictates the duty owed, it was still a factor that the court
or jury may consider in determining reasonableness.
Courts today still can choose to consider the status of the entrant when
assessing the reasonableness, but that is no longer dispositive but rather
Our slip and fall attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious personal injury accidents,
particularly throughout the Mid-Hudson Valley region in Kingston,
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.