MJP Injury Law Blog

Does Special Use Create a Duty to Maintain? New York Law Says Yes

When a party makes special use of public property, does it merely assume liability if its use creates a dangerous condition, or does it have an affirmative duty to maintain the area? Under longstanding New York common law, the answer is clear: special use imposes a duty to maintain. The New York Court of Appeals has repeatedly confirmed this principle in cases such as Poirier v. City of Schenectady and Kaufman v. Silver, yet some Appellate Division decisions have misinterpreted the doctrine by improperly requiring that the special use itself create the dangerous condition before liability attaches.

This blog post explores the Court of Appeals’ precedent, clarifies the proper application of the special use doctrine, and explains why the mistaken rulings by certain lower courts should be overruled. Understanding this distinction is crucial for attorneys navigating premises liability cases in New York.

Read on to uncover why special use isn’t just about creation—it’s about maintenance.