Accidents don’t just happen in public spaces or workplaces—they can happen at someone’s home as well. A simple fall on a loose step or a slip on a wet kitchen floor can result in serious injuries. When this happens at a friend’s house, many people hesitate to take legal action because of the personal relationship involved. Still, New York law allows social guests to pursue compensation when a homeowner’s negligence causes harm.
Legal Status of Social Guests in New York
Under premises liability law, people who enter another person’s property fall into categories: invitees, licensees, or trespassers. In New York, social guests are generally considered licensees. This means the property owner has a duty to keep the property reasonably safe and to warn guests about hazards the owner knows about but may not be obvious, such as a broken railing or a slippery deck. Homeowners are not expected to guarantee complete safety, but they are responsible for addressing or warning of dangerous conditions.
What Needs to Be Proven
To bring a successful claim, you must show that an unsafe condition existed, that the homeowner knew or should have known about it, and that they failed to fix it or warn you. You also need to prove that the unsafe condition directly caused your injury. For example, if a step was visibly broken and the homeowner had not repaired or marked it, that may establish negligence if you were injured because of it.
Filing a Claim Without Damaging the Relationship
Many people worry that filing a claim will hurt their friendship. In reality, most claims are handled through the homeowner’s insurance policy, not paid out-of-pocket by your friend. Homeowner’s insurance exists for this reason—to protect against liability when accidents occur on the property. Filing a claim does not necessarily mean suing your friend directly. In fact, your attorney can often work directly with the insurance company to recover compensation for medical bills, lost wages, and pain and suffering.
Common Injury Scenarios
Some of the most common accidents that happen at private homes include:
- Broken steps or loose railings: Falls from poorly maintained stairs can cause fractures or head injuries.
- Slippery floors: Spills or freshly mopped surfaces without warning can easily lead to slips and falls.
- Dog bites: If a homeowner’s pet attacks a guest, the homeowner can be held liable for the injuries caused.
FAQ
Will my friend have to pay out-of-pocket?
In most cases, no. Homeowner’s insurance covers the costs of injury claims.
Do I have to sue my friend directly?
Not usually. Claims are generally resolved through insurance, though in rare cases a lawsuit may be necessary.
What if I didn’t report the injury right away?
You can still pursue a claim, but it may be harder to prove. The sooner you document the injury and report it, the stronger your case will be.
If you were injured at a friend’s house in Westchester County, it’s important to understand your rights. At Gash & Associates, P.C., we help clients navigate these sensitive situations with care. Call us at (914) 328-8800 to discuss your options.
