Tenant Can't Blame Window Screen for Her Fall From Apartment Window

Tenant slipped and fell out of a window in her apartment located in Townsend Park Homes and fell five stories. She sustained serious injuries. Tenant then sued landlord for negligence, claiming that the fall was caused by a missing window screen, which tenant said was a dangerous condition. The court granted landlord's summary judgment motion to dismiss the case.

Tenant appealed and lost. A property owner has a duty to maintain its property in a reasonably safe condition. Liability may be imposed for any foreseeable injuries arising from an unsafe or dangerous condition. But a landowner is not obligated to guard against an obvious danger created by misuse of property that is not otherwise defective. The purpose of a window screen isn't to prevent people from falling out of a window. Tenant argued that the absence of the window screen created a dangerous condition of which landlord had notice and which was the cause of tenant's fall. In prior cases, courts have ruled that "a window screen is not designed to prevent individuals from falling out of a window." In a case tenant relied on, a window screen was in poor condition. But that wasn't the case here. So the lower court properly dismissed the case.

Thomas v. Albany Housing Authority: Index No. 535033, 2023 NY Slip Op 02815 (App. Div. 3d Dept.; 5/25/23; Fitzgerald, J, Garry, PJ, Clark, Aarons, Ceresia, JJ)