What does a Property Owners “Duty of Care” Mean for Personal Injury Victims?


All property owners have a “duty of care” to see that their property is safe. This means that property owners have a legal responsibility to maintain safe and secure property conditions at all times. This includes insuring that the building has no structural defects that could cause an accident, both inside and out.  Property owners who do not properly maintain their locations may be subject to personal injury lawsuits if someone is injured in a preventable accident.  Oftentimes these accidents are the result of negligent maintenance of a building or property.

There are a number of circumstances that could lead to such an accident, such as:

  • Poor lighting
  • Broken equipment (escalators, elevators, doors, security gates, cameras, etc.)
  • Slippery floors
  • Broken or weak stairs or handrails
  • Torn carpets
  • Obstructed walkways
  • Exposed holes
  • Uneven or cracked pavement
  • Faulty or exposed wiring
  • Exposed toxic materials or substances
  • Falling objects
  • Failure to fix, repair, or maintain property conditions or broken equipment
  • Failure to post warning signs

What to Do If You Suffer From a Slip and Fall Accident

When an individual is injured or killed as the result of unsafe, hazardous, or poorly maintained property conditions, the property owner may be held liable for damages under New York State’s premise liability laws. If you have been injured in a premises liability accident, you are legally entitled to seek compensation for your pain, suffering, medical costs, rehabilitation, psychological distress, financial hardship, lost wages, and any other expenses that arise after the accident. However, in order to win a premises liability lawsuit, the victim must prove that the property owner acted negligently and is at fault for the accident.

Determining liability and damages can be a difficult task.  Slip and fall accident victims should seek the advice of an experienced personal injury attorney. The Brooklyn personal injury attorneys at the Georgaklis & Mallas, PLLC have won tens of millions of dollars in verdicts and settlements for our personal injury clients.  Call us today to schedule a free consultation: (718) 238-2400.