The back of my building has a large parking lot as part of my property
that I rarely use.  My building is on a main drag, with 2 other
buildings, in between 2 entrances to a strip mall that open up to the
front street. A lot of people use our back lot to go between the 2
mall entrances as well as going into one of the adjacent stores. 
Because of the bad winters and high traffic, holes are created in the
lot that I usually fix each summer at my expense. Am I responsibe if
someone goes through the lot (without my permission) and damages their
car or as in the case today, has a flat tire.  I always figured it was
a "buyer beware kind of thing"
Thanks,
fred

---

Request for Question Clarification by pafalafa-ga on 24 May 2004 16:17 PDT

Not sure if I can provide a definitive answer for you, but it would
help to know a bit more information.

Is the lot posted?  That is, are there signs identifying it as private
property?  If so, what do they say?

Where in NY are you located?

---

Clarification of Question by drfred-ga on 24 May 2004 16:44 PDT

There are no signs at all stating that it is private property but by
definition it is owned by someone.  Upstate new york near canada
Thanks
Fred

---

Request for Question Clarification by tutuzdad-ga on 24 May 2004 16:52 PDT

It would probably help to know the town or city the property is in.
There may be some local ordinances that apply to your situation that
would not necessarily be applicable statewide.

Regards;
tutuzdad-ga

---

Clarification of Question by drfred-ga on 24 May 2004 18:30 PDT

watertown, ny in jefferson county

---

Request for Question Clarification by tutuzdad-ga on 24 May 2004 19:49 PDT

I didn't find any local ordinances but what I did find that was
applicable in terms of State law was fairly convincing. See my comment
and let me know what you think.

Regards;
tutuzdad-ga

---

Clarification of Question by drfred-ga on 25 May 2004 04:30 PDT

That is great, thanks for the answer
fred

Dear drfred-ga;

Since you are agreeable to my comment as an answer I am reposting it
here in order to officially close your question. One must remember
however, in keeping with our disclaimer, that nothing we provide here
should be considered legal advice and that it is always best to
consult an attorney on matters of law.

I didn?t find a specific New York State statute or Watertown ordinance
that either protects the property owner from ?premises liability? or
places that liability upon him in every given instance. What I did
find however is State law pertaining to the actions of those who are
inviting themselves onto your property without your consent and how
the law views these actions:

According to New York State Consolidated Laws, crossing private
property and other non-traffic roadways in order to avoid an
intersection with a roadway (which is what you described these people
as doing) is illegal:

?S 1225. Avoiding intersection or traffic-control device. No person
shall drive across or upon a sidewalk, driveway, parking lot or
private property, or otherwise drive off a roadway, in order to avoid
an intersection or traffic-control device.?

ARTICLE 33 ? VEHICLE AND TRAFFIC ? MISCELLANEOUS
http://assembly.state.ny.us/leg/?cl=128&a=57

So now the question in your mind probably arises, ?What exactly ?is?
an intersection under New York law??

?(e) For purposes of this article, "intersection" shall include the
area embracing the juncture of a highway with a private road or
driveway and "intersecting roadway" shall include an intersecting
private road or driveway.?
ARTICLE 24 - TRAFFIC SIGNS, SIGNALS AND MARKINGS
http://assembly.state.ny.us/leg/?cl=128&a=48

Now we see clearly that the mall egress to the state, city or county
maintained highway or roadway  (which we will call Entrance 1 here for
simplicity purposes) is indeed legally defined as an intersection. By
crossing your property rather than entering the roadway from Entrance
1 and using it to move to the next mall driveway, Entrance 2, the
driver is violating the statute, ?1225: Avoiding intersection or
traffic-control device?.

Do you have the right to prevent people from using your private
property in this manner?

Absolutely, and because it is State law no local ordinance can supercede it?

?S 1600. Provisions of chapter uniform throughout state. The
provisions of this chapter shall be applicable and uniform throughout
this state and in all political subdivisions and municipalities
therein and no local authority shall enact or enforce any local law,
ordinance, order, rule or regulation in conflict with the provisions
of this chapter unless expressly authorized herein. No local authority
shall enact or duplicate any provision of this chapter as a local law,
ordinance, order, rule or regulation, except that any local authority
authorized to supersede any provision of this chapter may enact any
such provision in a modified or amended form.?

1601. Rights of owners of real property.
?S 1601. Rights of owners of real property. Nothing in this chapter
shall be construed to prevent the owner of real property used by the
public for purposes of vehicular travel by permission of the owner and
not as matter of right from prohibiting such use, or from requiring
conditions additional to those specified in this chapter, or from
otherwise regulating such use as may seem best to such owner.?
ARTICLE 35 ? UNIFORM STATEWIDE APPLICATION
http://caselaw.lp.findlaw.com/scripts/getcode.pl?frame=right2&code=NY&ls=claws&law=127&art=61

 
Proner & Proner Law Firm of New York says this on their web site:

?Premises Liability:
Restaurant owners, storeowners, and other proprietors as well as
homeowners are legally obligated to ensure that their premises are not
inherently dangerous. For example, a shop owner must clearly mark wet
floors, broken steps (which should be repaired immediately), and other
potential safety hazards, while a homeowner must protect visiting
children from harm?such as by keeping them away from swimming pools
unless accompanied by an adult. It is usually only in cases of
trespassing that proprietors are not responsible for injuries
sustained on their property.?
PRONER & PRONER LAW
http://www.prolaw1.com/html/areas-of-focus.html


Here is an untitled, but infinitely informative article about the
responsibility of property owners, liability for damage or injury and
court opinions concerning both that you may also find useful:

http://www.landrights.com/NY%20Troopers%20inciting%20defiant%20trespass.htm

I hope you find that my research exceeds your expectations. If you
have any questions about my research please post a clarification
request prior to rating the answer. Otherwise I welcome your rating
and your final comments and I look forward to working with you again
in the near future. Thank you for bringing your question to us.

Best regards;
Tutuzdad-ga ? Google Answers Researcher



INFORMATION SOURCES

Defined above

SEARCH STRATEGY


SEARCH ENGINE USED:

Google ://www.google.com


SEARCH TERMS USED:

?PREMISES LIABILITY?

NEW YORK PENAL CODE

NEW YORK TORT LAW

NEW YORK TRAFFIC LAW

NEW YORK TRAFFIC CODE

TRESPASSING

POSTED

LIABLE

INJURY

DAMAGE

REAL PROPERTY

PRIVATE PROPERTY

PARKING LOT

DRIVEWAY

Dear drfred-ga;

I didn?t find a specific New York State statute or Watertown ordinance
that either protects the property owner from ?premises liability? or
places that liability upon him in every given instance. What I did
find however is State law pertaining to the actions of those who are
inviting themselves onto your property without your consent and how
the law views these actions:

According to New York State Consolidated Laws, crossing private
property and other non-traffic roadways in order to avoid an
intersection with a roadway (which is what you described these people
as doing) is illegal:

?S 1225. Avoiding intersection or traffic-control device. No person
shall drive across or upon a sidewalk, driveway, parking lot or
private property, or otherwise drive off a roadway, in order to avoid
an intersection or traffic-control device.?

ARTICLE 33 ? VEHICLE AND TRAFFIC ? MISCELLANEOUS
http://assembly.state.ny.us/leg/?cl=128&a=57

So now the question in your mind probably arises, ?What exactly ?is?
an intersection under New York law??

?(e) For purposes of this article, "intersection" shall include the
area embracing the juncture of a highway with a private road or
driveway and "intersecting roadway" shall include an intersecting
private road or driveway.?
ARTICLE 24 - TRAFFIC SIGNS, SIGNALS AND MARKINGS
http://assembly.state.ny.us/leg/?cl=128&a=48

Now we see clearly that the mall egress to the state, city or county
maintained highway or roadway  (which we will call Entrance 1 here for
simplicity purposes) is indeed legally defined as an intersection. By
crossing your property rather than entering the roadway from Entrance
1 and using it to move to the next mall driveway, Entrance 2, the
driver is violating the statute, ?1225: Avoiding intersection or
traffic-control device?.

Do you have the right to prevent people from using your private
property in this manner?

Absolutely, and because it is State law no local ordinance can supercede it?

?S 1600. Provisions of chapter uniform throughout state. 
The provisions of this chapter shall be applicable and uniform
throughout this state and in all political subdivisions and
municipalities therein and no local authority shall enact or enforce
any local law, ordinance, order, rule or regulation in conflict with
the provisions of this chapter unless expressly authorized herein. No
local authority shall enact or duplicate any provision of this chapter
as a local law, ordinance, order, rule or regulation, except that any
local authority authorized to supersede any provision of this chapter
may enact any such provision in a modified or amended form.?

1601. Rights of owners of real property.
?S 1601. Rights of owners of real property. Nothing in this chapter
shall be construed to prevent the owner of real property used by the
public for purposes of vehicular travel by permission of the owner and
not as matter of right from prohibiting such use, or from requiring
conditions additional to those specified in this chapter, or from
otherwise regulating such use as may seem best to such owner.?
ARTICLE 35 ? UNIFORM STATEWIDE APPLICATION
http://caselaw.lp.findlaw.com/scripts/getcode.pl?frame=right2&code=NY&ls=claws&law=127&art=61

 
Proner & Proner Law Firm of New York says this on their web site:

?Premises Liability:
Restaurant owners, storeowners, and other proprietors as well as
homeowners are legally obligated to ensure that their premises are not
inherently dangerous. For example, a shop owner must clearly mark wet
floors, broken steps (which should be repaired immediately), and other
potential safety hazards, while a homeowner must protect visiting
children from harm?such as by keeping them away from swimming pools
unless accompanied by an adult. It is usually only in cases of
trespassing that proprietors are not responsible for injuries
sustained on their property.?
PRONER & PRONER LAW
http://www.prolaw1.com/html/areas-of-focus.html



Can you tell me if this sufficiently answers your question?


Here is an untitled, but infinitely informative article about the
responsibility of property owners, liability for damage or injury and
court opinions concerning both that you may also find useful:

http://www.landrights.com/NY%20Troopers%20inciting%20defiant%20trespass.htm



Best regards;
Tutuzdad ? Google Answers Researcher