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Courses/Law/Property / Real Estate Law

Premises Liability Essentials: Key Legal Updates 2024

Explore the latest precedents, defenses, and strategies for premises liability cases in New York.

Created byNYS Academy of Trial Lawyers
BeginnerUpdated Mar 29, 2025
Premises Liability Essentials: Key Legal Updates 2024

What You'll Learn

check_circleUnderstand the duties and responsibilities of property owners under New York law.
check_circleIdentify and prove breaches of duty, including actual and constructive notice.
check_circleAnalyze defenses such as open and obvious conditions and assumption of risk.
check_circleApply legal principles to snow and ice cases, including liability for exacerbating conditions.

About This Course

This course provides a comprehensive update on premises liability law, focusing on New York State precedents and statutes. It covers the duties of property owners, defenses like assumption of risk and trivial defect doctrines, and liability issues for snow and ice cases, out-of-possession landlords, and adjacent property owners. Participants will learn strategies to establish breaches of duty, address common defenses, and apply legal principles effectively in their cases. Ideal for personal injury attorneys, this course ensures you're equipped with current legal insights and practical advocacy techniques.

Topics List

  • Duties of property owners and possessors
  • Establishing breaches of duty: Notice and creation of conditions
  • Snow and ice cases: Liability and defenses
  • Out-of-possession landlords and their obligations
  • Adjacent property owner liabilities
  • Defenses: Trivial defects, assumption of risk, and res ipsa loquitur
  • Addressing latent defects in premises liability

Your Instructors

NYS Academy of Trial Lawyers
NYS Academy of Trial Lawyers
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The NYS Academy of Trial Lawyers is the largest statewide trial bar in the US with 5,700+ lawyer and judge members. We are committed to protecting, preserving and enhancing the civil justice system. Our highly acclaimed CLE programming features extraordinary presenters covering the most timely and important topics.

A.J.  Smith, Esq.
A.J. Smith, Esq.

Partner at Baxter & Smith P.C.

Arthur Smith is an experienced trial lawyer in both state and federal courts in the areas of negligence, labor law, toxic torts, products, premises, and automobile liability. Mr. Smith is admitted to the United States Supreme Court, various Federal Appellate Courts including the Second Circuit, as well as the state and federal courts in New York. He serves on the Executive Committee for the Torts, Insurance & Compensation Law Section of the New York State Bar Association. Additionally, Mr. Smith lectures extensively. Most recently, he served as Chair of the Torts, Insurance & Compensation Law (TICL) Section of the New York State Bar Association for their semi-annual meeting, which was held in Killarney, Ireland. Previously, he has served as the Chair of a New York State Bar Association seminar on Labor Law and Construction Accidents, and as a speaker for the New York State Bar Association on topics including Construction Accidents, Premises Liability, Evidence, Trial Tactics, Insurance Coverage, and Ethical Obligations of Counsel. Mr. Smith was also a lecturer on “Serious Injury” and “Negotiation Strategy” at the Buffalo Claims Association’s (BCA) Premises Liability at the 2005 Annual Convention, served as trial counsel for the mock trial presentation at the BCA 2003 Convention, and lectured on “Grave Injury” at the 2002 BCA Convention and on Labor Law at the BCA’s 2000 Annual Convention. Mr. Smith addressed the 2007 New York State Association of Independent Insurance Adjusters Annual Convention and has lectured for the New York State Trial Lawyers Association, The New York State Trial Lawyers, The Bar Association of the City of New York, and served as judge at Fordham University Moot Court and Trial Advocacy contests.

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Frequently Asked Questions

We are a registered provider with 327+ associations and regulatory bodies worldwide. We operate across 29 global markets including Canada, the US, Australia, and the UK. Every course page clearly displays its specific accreditations. Upon completion, you receive a professional certificate that can be validated online. Our certificates include all necessary accreditation details, credit hours, and completion dates, and are formatted specifically to meet the submission requirements of most global regulatory bodies.

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