Injured Student Sues Frat House Tenants for Negligence

A student and his family sued landlord, tenants, tenants' fraternity chapter, and the national fraternal organization after the student fell out of a second-story bathroom window while attending a party at landlord's building. The building was rented as a college fraternity house to a number of tenant residents, who maintained individual rooms there. Among other things, the court dismissed the case against the national organization, which had terminated its relationship with the local chapter in 2005. The court also dismissed claims of premises liability against the tenants. The student appealed, and the case against the tenants for premises liability was reopened. Liability for a dangerous condition could be based on ownership, control, occupancy, or special use of the property. So tenants could be responsible for the student's injury, even if their lease stated that landlord had a duty to maintain the premises. A trial was needed to determine what caused the accident and whether tenants were negligent. 

Parslow v. Leake: 2014 NY Slip Op 02211, 2014 WL 1258740 (App. Div. 4 Dept.; 3/28/14; Scudder, PJ, Fahey [dissenting], Peradotto, Carni, JJ)