Can You Sue a Resort for an Injury in New York?

Resorts in New York are considered landowners with a duty to maintain reasonably safe premises for guests. Under NY premises liability law, if the resort knew or should have known about a dangerous condition and failed to fix or warn of it, they can be held liable for your injuries. This applies to hotel pools, gyms, restaurants, ski slopes, and other resort amenities.

You must show that the resort owed you a duty of care, that they breached that duty by creating or allowing a dangerous condition, and that the breach directly caused your injuries and damages. New York follows a comparative negligence rule, so even if you were partly at fault, you may still recover damages reduced by your percentage of fault.

New York’s statute of limitations for personal injury claims is 3 years from the date of the injury under CPLR §214. If you wait longer than 3 years, you will almost certainly lose your right to recover. Consulting an attorney as soon as possible protects your claim and preserves critical evidence.

Report the incident to resort management and request a written incident report. Seek medical attention immediately and keep all records. Document the scene with photos, get names and contact information from witnesses, and avoid giving recorded statements to the resort’s insurance company without speaking to an attorney first.