The New York Pattern Jury Instructions (PJI) contain a number of provisions related to premises liability. The pertinent sections of the PJI define the duty of care that is required of the parties and will be read by the judge during his charge to the jury. Given the breadth of scenarios covered by the PJI, there is likely to be a relevant charge in most premises liability cases. Plaintiff and defense counsel have a duty to scour the PJI in search of the relevant provisions, and the proper use of the PJI can lead to favorable verdicts.
The PJI for premises liability is divided into the duties owed to persons “on the land” and to persons “outside the land.”
Persons on the Land
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