Under New York State law, Buffalo property owners are required to maintain their premises in a reasonably safe condition. The general rule is that a property owner must act in a reasonable manner under the circumstances. As a result, whether a duty to warn people exists depends upon the specific dangerous condition being considered.
If a dangerous condition is not readily visible but the property owner is aware of it, he or she does have a responsibility to warn those who enter the property of the danger. On the other hand, if a condition is obvious to anyone employing the reasonable use of his or her senses, no warning may be necessary.
The fact that a dangerous condition is obvious, however, does not always mean that the property owner has no responsibility and cannot be sued. When a condition is obvious but still not reasonably safe, the property owner may have some liability if someone is injured by it. The property owner still has some responsibility to maintain the property in a safe condition. In this situation, the amount awarded in damages may be reduced based on the degree of the injured party’s own responsibility for failing to avoid an obvious danger.
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