Landlord Not Responsible for Tenant's Death After Fall in Stairway

Tenant's family sued landlord for negligence. Tenant was a 23-year-old woman who fell in building staircase as she headed upstairs to her fourth-floor apartment. Tenant's family claimed that a loose stairway handrail and defective stairs caused the accident. Landlord claimed that there was insufficient proof and asked the court to dismiss the case. The court ruled for landlord. Tenant was heading home from a Halloween parade. She stopped at a nightclub a few blocks from her apartment on the way home. She was wearing very high heels and was likely intoxicated. There was no evidence except for tenant's expert's report that any defects in the staircase caused tenant's accident. And other factors were as likely to have caused the accident. Any finding that the building's defects caused tenant to fall would be improper speculation.

Estate of Ratcliffe v. Pradera Realty Co.: NYLJ, 1/9/08, p. 32, col. 1 (S.D.N.Y; Keenan, J)