Category Slip & Fall
Avoiding Liability Related to Removal of Snow and Ice in New York: An Introduction for Commercial Property Owners and Landlords
by Bryan Lane Berson, Esq. When New York winters are harsh, it can be difficult for property owners and landlords to clear snow and ice from their properties. This column discusses landlords’ common law (note 1) duties to people invited to the property (“invitees”). New York follows the “natural accumulation rule,” which assumes that invitees […]
Contractor Agreements and Accident Reports
by Bryan Lane Berson, Esq. Property owners hire many types of contractors (e.g., custodians, snow removers, repairmen), and their actions or negligence may cause accidents. Injured parties will likely sue property owners and the contractors. Thus, owners should insist that contractor agreements contain insurance and indemnification provisions. Owners should insist that before work begins, they […]
Preventing and Defending Against Premises Liability
by Bryan L. Berson, Esq. Property owners should try to prevent accidents and lawsuits. Proactively inspecting for dangerous conditions, repairing them, and implementing record keeping procedures can reduce legal fees and damage awards, slow increases of insurance premiums, and improve profitability. Most premises liability claims are negligence claims against property owners. A plaintiff must prove […]
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