Landlord Not Responsible for Tenant's Slip and Fall

January 1, 2010

LVT Number: #22368

Tenant sued landlord for negligence after she slipped and fell while walking down a flight of stairs between the third and fourth floors of her apartment building. Landlord asked the court to dismiss the case, claiming that there was no proof that it was responsible for tenant's injuries. The court ruled for landlord. Tenant appealed and lost. Although she said that she saw apple peels on the floor after she fell, tenant couldn't specify where she saw them and admitted there were 18 to 20 steps in the flight of stairs where she fell.

Tenant sued landlord for negligence after she slipped and fell while walking down a flight of stairs between the third and fourth floors of her apartment building. Landlord asked the court to dismiss the case, claiming that there was no proof that it was responsible for tenant's injuries. The court ruled for landlord. Tenant appealed and lost. Although she said that she saw apple peels on the floor after she fell, tenant couldn't specify where she saw them and admitted there were 18 to 20 steps in the flight of stairs where she fell. Since tenant couldn't explain the cause of her accident, there were no facts presented to show that landlord could be responsible for any condition. The case was properly dismissed.

Thierens v. 520 East 21st Street LLC: NYLJ, 12/14/09, p. 32, col. 4 (App. Div. 2 Dept; Mastro, JP, Florio, Balkin, Leventhal, JJ)

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