How to Prove Negligence in a Premises Liability Claim

When an Accident Leaves You Hurt in Rochester

After an accident, most people feel extremely stressed out. Your body hurts. Your bills pile up. And worst of all, you may not even be sure what caused it. That uncertainty can feel overwhelming. If you were injured on someone else’s property in Rochester or Monroe County, and it wasn’t your fault, the next step often involves proving the property owner was negligent. That sounds like a big task, and it can be. But when you understand what to look for, and how the process works, you gain some power back.

At Horn Wright, LLP, we help injured people throughout Rochester prove liability in serious slip and fall and dangerous property claims. Our attorneys know how to investigate local businesses, homeowners, and public entities, and how to show they failed to take reasonable care. 

Understand How New York Defines Premises Liability

New York law places a legal duty on property owners to keep their spaces safe. That duty applies whether you’re shopping in downtown Rochester, visiting someone’s home in Irondequoit, or walking through a municipal park in Monroe County. When someone gets hurt because a hazard wasn’t addressed, the owner or occupier may be held legally responsible.

Premises liability covers a wide range of incidents:

• Slips and falls on icy or wet surfaces
• Trip hazards like broken stairs or uneven sidewalks
• Inadequate lighting in parking areas
• Falling merchandise in retail stores
• Unsecured construction sites

The core legal question is: did the property owner act reasonably to prevent harm? If they didn’t, and you were injured as a result, that’s where a claim starts.

Identify the Responsible Party

Not every property-related injury ties back to the same kind of person or entity. In Rochester, liability might rest with a small business owner, a corporate landlord, or even a local agency responsible for public grounds. Identifying the right party early helps focus your case.

For example:

• A shopper at the Mall at Greece Ridge slips on a spill in a store aisle. The store manager, not the mall owner, may be liable.
• A jogger trips on a loose paver along the Genesee Riverway Trail. The City of Rochester could be responsible if it failed to maintain the path.

Responsibility follows whoever had control of the property when the hazard arose. That includes temporary contractors, maintenance companies, and in some cases, event organizers.

Show the Property Owner Owed You a Duty of Care

Not everyone on a property is owed the same level of care under New York law. That might sound unfair, but it’s how the law works. To prove negligence, you need to show the property owner had a legal duty toward you.

People on a property generally fall into three categories:

• Invitees: Customers or guests who are invited in for business or public use
• Licensees: Social visitors who enter with permission but for their own reasons
• Trespassers: People who enter without permission

Property owners owe the highest duty to invitees. That means they must regularly inspect and fix hazards. For licensees, owners must warn of known dangers. Trespassers are owed limited duty, though exceptions exist, especially with children.

Think about someone injured in the Rochester Public Market. If they were shopping during open hours, the city owed them a duty to keep walkways safe. If someone entered the grounds after closing without permission, that duty may change.

Prove the Owner Knew, or Should’ve Known, About the Hazard

This is where things get more specific. It’s not enough that a property had a dangerous condition. You also have to show the owner knew about it, or that they should have discovered it through routine checks.

There are two ways to prove this:

• Actual knowledge: The owner was directly informed, saw the hazard themselves, or created it
• Constructive knowledge: The hazard existed long enough that they reasonably should have known about it

Let’s say you slipped on ice outside a Monroe Avenue apartment complex. If a resident reported it to the building manager earlier that day, that’s actual knowledge. If it snowed 12 hours earlier and no salt or shoveling occurred, a court might say the landlord should have known, that’s constructive knowledge.

Show the Owner Failed to Fix the Dangerous Condition

Once the property owner becomes aware of a hazard, they must take reasonable steps to fix it. What counts as “reasonable” depends on the situation, the type of property, and the risk of harm.

For example:

• A grocery store in Rochester must clean up spills promptly and place warning signs
• A landlord should replace broken stair railings within a safe time frame
• A property manager must maintain lighting in dark corridors

If the owner delays, ignores reports, or cuts corners, that shows a failure to act responsibly. In legal terms, it’s a breach of duty. That’s one of the key building blocks in a negligence claim.

Prove the Hazard Directly Caused Your Injury

Now comes the cause-and-effect piece. You must show that the unsafe condition was the direct reason you got hurt. Not just that you were injured on the property, but that the danger led to the injury.

That connection can be easy in some cases. You trip on an unmarked step and sprain your ankle. But in others, especially when multiple factors are involved, the link has to be clearer.

To build that link:

• Get medical treatment right away
• Describe your injury in detail to your provider
• Make sure records show where, when, and how it happened

For instance, if you fell outside a shop on Park Avenue and ended up at Strong Memorial Hospital, your ER records should match your incident description. That consistency helps prove the property hazard directly caused your harm.

Document the Full Extent of Your Injuries and Losses

In premises liability claims, damages matter. It’s not just about showing someone did something wrong. You also have to show how it affected your life. That means documenting every way the injury changed your daily routine, health, and finances.

Start collecting:

• Medical bills and diagnostic reports
• Prescriptions and therapy notes
• Pay stubs showing lost wages
• Photographs of visible injuries
• A written journal tracking pain, mobility, and emotions

If your injury treatment involved care at Rochester General Hospital or follow-up visits in Monroe County clinics, keep all receipts and summaries. These details support the financial part of your claim.

Preserve and Present Strong Evidence

Time works against you when it comes to physical evidence. Snow melts. Leaks dry. Owners make quick repairs. That’s why it helps to gather proof as soon as possible after the incident.

Useful forms of evidence include:

• Photos or videos of the scene
• Witness names and contact info
• Incident reports from property staff
• Maintenance logs or inspection records

If your fall happened near Main Street and a bystander helped you up, their testimony could matter. If a building manager took photos, request copies. The more documentation you collect, the more control you gain over your case.

Stay Ahead of New York’s Filing Deadlines

In New York, you generally have three years from the date of your injury to file a premises liability lawsuit. That may sound like plenty of time, but don’t wait. Some situations come with shorter deadlines.

If your injury occurred on property owned by the City of Rochester or Monroe County, you might need to file a notice of claim within just 90 days. That starts the legal process and preserves your right to sue.

Missing a deadline, even by one day, can end your claim completely. Keep a close eye on dates and talk to someone who understands the timeline.

Consult Local Legal Support for Complex Claims

Some premises liability claims involve more than one responsible party or include property owned by a government agency. These situations often require extra investigation and documentation, especially if the hazard had been present for a long time or if the injury was severe.

Working with legal professionals who understand Rochester’s building codes, how Monroe County inspectors operate, and the procedures tied to municipal property can make a significant difference. 

Get Answers and Take Control with Horn Wright, LLP,

Proving negligence in a premises liability case takes more than pointing to a wet floor or loose tile. You need clear evidence, timely action, and a good understanding of how New York law works in places like Rochester. 

At Horn Wright, LLP, our attorneys work closely with injured individuals throughout Monroe County. We know what questions to ask and what records to gather, and we take the pressure off your shoulders. If you’re hurt and unsure what to do next, we’re ready to help you move forward.