Thanksgiving is Thursday, November 26, and for many New Yorkers the holiday season means full houses, extra chairs, extension cords, and front steps that may be wet or icy. When a guest is hurt at a friend's or relative's home, two questions follow: is anyone responsible, and would making a claim mean taking money out of the pocket of friends or family?
A Homeowner's Duty to Guests
A homeowner who invites guests in has the same basic duty as any property owner. As one New York appeals court put it, "[l]andowners have a duty to maintain their premises in a reasonably safe condition to prevent foreseeable injuries" (Hornung v City of New York, 230 AD3d 659 [2d Dept 2024]).
A loose stair tread, a broken railing, a rug that slides, or a cord strung across a dark hallway can all cause a fall. Whether the owner is responsible can turn on notice. When an owner asks a court to dismiss a case before trial, the owner must show "that it did not create the allegedly dangerous condition or have actual or constructive notice of its existence for a sufficient length of time to have discovered and remedied it" (Genutis v 555 Dekalb Ave., LLC, 241 AD3d 878 [2d Dept 2025], quoting an earlier decision).
People may be under the impression that just because they were injured on someone else's property, the owner is automatically responsible for their injuries. But being hurt there is not enough. The law does not make property owners the insurers against all injuries. The injured person must show how the property owner was negligent, in other words, what the owner did, or failed to do, that was wrong. Not every fall in someone's home is someone else's fault. In a May 2026 decision, a woman fell down a carpeted staircase of three risers and two treads between the living room and kitchen of the defendants' home. The court repeated that "a landowner has no duty to protect or warn against a condition that is open and obvious and not inherently dangerous," noted evidence that the staircase and carpeting "complied with the relevant New York State Building Code requirements," and affirmed the dismissal of her case (Dorfman v Gross, 2026 NY Slip Op 02823 [2d Dept 2026], quoting an earlier decision). The details matter in every case.
The Front Steps and the Sidewalk
Ice and snow on a homeowner's own steps and walkway raise the same questions of care and notice, along with special rules for falls during a storm. Our post on slips on snow and ice explains them.
The public sidewalk in front of the house can be different. In New York City, the abutting owner, meaning the owner of the building or lot that a sidewalk runs in front of, is generally liable for injuries caused by failing to keep it reasonably safe (Administrative Code § 7-210), but that liability rule does not apply to "one-, two- or three-family residential real property that is (i) in whole or in part, owner occupied, and (ii) used exclusively for residential purposes." For those sidewalks, a claim for a defect is generally against the City instead, and it generally fails unless the City had prior written notice of the defect (Administrative Code § 7-201(c)(2)); our post on the prior written notice rule explains it. A Notice of Claim generally must be served within 90 days (General Municipal Law § 50-e). Our post on falls on wet leaves explains these sidewalk rules.
The Family Dog
Holiday gatherings bring together people and pets who do not know each other. In 2025, New York's highest court overruled its own earlier decision and now allows ordinary negligence claims for harm caused by domestic animals. Our post on dog injury claims explains what the court did and what it may mean.
Holiday Drinks
A private host who serves an adult guest is not a seller under New York's Dram Shop Act, which the Court of Appeals has said "applies only to the commercial sale of intoxicating liquors" (Sherman v Robinson, 80 NY2d 483 [1992]). Serving someone under 21 is different: a person who "knowingly causes such intoxication or impairment of ability by unlawfully furnishing to or unlawfully assisting in procuring alcoholic beverages" for someone the person knows or has reason to believe is under 21 may be responsible for the harm that follows (General Obligations Law § 11-100). Our post on drunk or impaired drivers explains more.
Who Pays? It May Be the Homeowner's Insurance
Many people think of homeowner's insurance as protection against fire and theft, not against injuries to guests. A claim is brought against the person responsible, here the homeowner. But if the homeowner has insurance that covers the claim, the insurance company may be the one that pays a settlement or judgment, up to the policy's limits.
According to the state Department of Financial Services, "[a]ll homeowners policies typically insure you for your personal liability when another person suffers bodily injury or property damage as a result of your negligence or the negligence of anyone who is an insured under your homeowners policy." Many policies also include medical payments coverage: "If an incident occurs at your home and a guest is injured, your insurer will typically reimburse the injured person for necessary medical expenses, generally up to a limit of $500 or $1,000, regardless of whether your negligence caused their injury." Renters can have similar protection; the Department's consumer guide advises, "Make sure that the policy has liability coverage" (DFS guide). Policies differ, so the policy's own words control.
In our experience, people are hesitant to make a claim against a friend or relative, because they worry that their friend or family member may have to pay out of their own pocket. And while it may certainly be uncomfortable, when there is homeowner's coverage, the insurance company, not the homeowner, is the one paying.
What to Do If You Are Hurt at Someone's Home
- Get medical care, and follow your doctor's advice.
- If your medical condition allows, photograph the spot (the step, railing, rug, cord, or ice) and the lighting, before anything is fixed or moved.
- Write down the names and phone numbers of anyone who saw what happened.
- Ask the homeowner for the name of the insurance company, and keep the shoes and clothing you were wearing.
- Talk to a lawyer early. The general deadline to sue for a personal injury is three years (CPLR 214(5)), but if the City may be responsible, as with some sidewalks, a Notice of Claim generally must be served within 90 days, and the lawsuit generally must be started within one year and 90 days (General Municipal Law § 50-i). In some circumstances, your time to act may be even shorter.
If you were hurt at someone else's home, contact The Eskesen Law Firm for a free consultation. Calls are answered live 24 hours a day, 7 days a week.
Questions about your own accident?
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