Landlord Responsible for Tenant's Injuries Resulting from Bathroom Floor Collapse
LVT Number: #32594
Tenant sued landlord for personal injuries after an accident where he walked into his apartment bathroom and the floor collapsed, causing him to fall into the boiler room below. Tenant asked the court to rule in his favor without a trial based on res ipsa loquitur. In other words, the matter spoke for itself. Landlord claimed that it didn't receive notice of any condition that could result in the floor collapse.
The court ruled for tenant. A ceiling collapse doesn't ordinarily occur absent someone's negligence. Tenant showed that landlord had exclusive control over the ceiling in the boiler room. Landlord owned and maintained the building and work orders showed that landlord was required to make repairs in response to complaints that had been made to them by tenant about a leak in his bathroom coming from the next-door apartment. Tenant also showed that the accident wasn't due to any voluntary action or contribution on his part.
Varela v. Newstart Realty HDFC: Index No. 21314/2019, NYLJ No. 1683568977 (Sup. Ct. Bronx; 5/10/23; Alpert, J)