Premises Liability and the Out-Of-Possession Landowner

Nassau Lawyer – February 2023

By Laurel R. Kretzing and Christopher E. Vatter

Under the common law, a property owner, or a party in possession or control of real property, has a duty to maintain the property in a reasonably safe condition.” As a general proposition, a landowner will be held liable for injuries which occur on its property where it fails to maintain its “property in a reasonably safe condition in view of all the circumstances, including the likelihood of injury to others, the seriousness of the injury, and the burden of avoiding the risk.” However, a landowner’s duty to maintain the premises in a reasonably safe condition depends on the extent of his or her control.

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Reprinted with permission by the Nassau County Bar Association.