Bathroom Ceiling Collapsed on Tenant

April 30, 1995

LVT Number: 9657

Tenant sued landlord for negligence after the bathroom ceiling collapsed and fell on her. The trial court ruled for tenant and landlord appealed. The appeals court ruled against landlord. Tenant suffered severe, permanent injury to her neck and spine when portions of the ceiling fell. She had repeatedly complained to the building superintendent about water leaking from the ceiling for four months before the accident. The super acknowledged observing a wet spot. The award to tenant for medical expenses and lost earnings was also reasonable.

Tenant sued landlord for negligence after the bathroom ceiling collapsed and fell on her. The trial court ruled for tenant and landlord appealed. The appeals court ruled against landlord. Tenant suffered severe, permanent injury to her neck and spine when portions of the ceiling fell. She had repeatedly complained to the building superintendent about water leaking from the ceiling for four months before the accident. The super acknowledged observing a wet spot. The award to tenant for medical expenses and lost earnings was also reasonable. Tenant lost the function of her right arm, was unable to work, and would need future surgery.

Perez v. Bauer and Bauer's Management: NYLJ, p. 25, col. 3 (4/4/95) (App. T. 1 Dept.; Parness, JP, McCooe, Glen, JJ)

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