Under New York State Law, property owners in Buffalo are not required to provide a warning to customers or visitors on their property if a hazardous condition is obvious. A landowner does have a duty to warn others about a latent or hidden danger.
In New York State, both business owners and homeowners are required to maintain their property in a manner that provides a safe environment for those who may be visiting that property. This duty is not negated because a dangerous condition is open and obvious. As a result, while there is no duty to warn of an obvious dangerous condition, the fact that a condition is obvious does not necessarily mean that the injured party cannot recover damages.
If the condition is not reasonably safe, then the fact that it was obvious goes to the comparative negligence of the injured party. A person injured by an obvious condition may be found to bear some amount of fault for his or her own injury, and the amount recovered may be reduced by the percentage of fault assigned to him or her.
If you have been injured by a dangerous condition on someone’s property, we would be happy to answer your questions. Please feel free to call us at 716-542-5444.
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