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New York law

Premises Liability Laws in New York.

New York premises liability follows traditional invitee/licensee/trespasser categories — except that New York's seminal *Basso v. Miller* (1976) abolished the distinction between licensee and invitee, imposing a single reasonable-care standard toward all lawful entrants. Trespassers receive only a duty to avoid willful injury and no-trap duty, with an attractive-nuisance exception for children. New York's pure comparative fault applies. New York has specific statutes on sidewalk snow/ice, and NYC property owners have sidewalk-repair responsibilities under NYC Admin. Code § 7-210. Labor Law §§ 200, 240, 241 impose special duties for workplace construction injuries ("Scaffold Law" strict liability for gravity-related falls).

Last verified: 2026-04-17

State law

Statute of Limitations

3 yearsCPLR § 214

3-year general personal injury statute applies.

State law

Fault & Liability Rules

Pure Comparative FaultCPLR § 1411

Plaintiff's fault reduces recovery proportionally. No bar even at 99% plaintiff fault.

State law

Key New York Statutes

Unified Duty of Reasonable Care (Basso)Basso v. Miller, 40 N.Y.2d 233 (1976)

New York Court of Appeals abolished the distinction between invitee and licensee. Landowners owe all lawful entrants a duty of reasonable care under the circumstances.

Duty to TrespassersNew York common law

Trespassers are owed only a duty to avoid willful or wanton injury (and for children, attractive-nuisance doctrine).

Labor Law § 240 (Scaffold Law)N.Y. Labor Law § 240(1)

Imposes absolute (strict) liability on owners and contractors for injuries to construction workers from gravity-related falls. Plaintiff need not prove fault; only that statute applies and injury occurred. Distinctive and plaintiff-friendly in the U.S.

Labor Law § 241(6)N.Y. Labor Law § 241(6)

Imposes non-delegable duty on owners and contractors to comply with Industrial Code rules for construction, excavation, and demolition work. Violation of a specific Industrial Code provision supports liability.

NYC Sidewalk LiabilityNYC Admin. Code § 7-210

New York City property owners (other than 1-3 family owner-occupied residential) are responsible for maintaining and repairing sidewalks adjoining their property and may be liable for injuries from defective sidewalks.

Dog Bite (Mixed Rule)Collier v. Zambito, 1 N.Y.3d 444 (2004)

New York requires proof of "vicious propensities" — owner's knowledge (actual or constructive) of the dog's dangerous tendencies. No strict-liability statute. One of the stricter rules for plaintiffs in the U.S.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in New York.

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