Landlord Not Responsible for Slip and Fall on Building Steps

LVT Number: #21052

Tenant sued landlord for negligence after her child was injured by a fall on a staircase leading to the front entrance of the building. Landlord asked the court to dismiss the case without a trial, claiming that it wasn’t responsible for the child’s injuries. The court ruled for landlord. Tenant appealed and lost. At the time of the accident, the staircase was wet from rain. But there was no proof that the accident occurred as a result of a dangerous condition on the staircase.

Tenant sued landlord for negligence after her child was injured by a fall on a staircase leading to the front entrance of the building. Landlord asked the court to dismiss the case without a trial, claiming that it wasn’t responsible for the child’s injuries. The court ruled for landlord. Tenant appealed and lost. At the time of the accident, the staircase was wet from rain. But there was no proof that the accident occurred as a result of a dangerous condition on the staircase. And there was no proof that landlord created the condition or had notice of any dangerous condition.

Morgan v. City of New York: NYLJ, 2/9/09, p. 36, col. 4 (App. Div. 2 Dept.; Covello, JP, Angiolillo, Belen, Chambers, JJ)