Landlord's Workers Created Dangerous Condition

July 31, 1996

LVT Number: 10765

Tenant's home care attendant sued landlord after she slipped and fell in landlord's building. The trial court ruled for the injured person, finding her 40 percent responsible and landlord 60 percent responsible for the accident. Landlord appealed and lost. The woman used the building stairs because the elevator was out of order. On the way up, she saw dirt and avoided slipping on the marble floor. But when she left tenant's apartment, she slipped on dirt or gravel and fell down the stairs. She had seen workers scraping and painting in the building's public areas.

Tenant's home care attendant sued landlord after she slipped and fell in landlord's building. The trial court ruled for the injured person, finding her 40 percent responsible and landlord 60 percent responsible for the accident. Landlord appealed and lost. The woman used the building stairs because the elevator was out of order. On the way up, she saw dirt and avoided slipping on the marble floor. But when she left tenant's apartment, she slipped on dirt or gravel and fell down the stairs. She had seen workers scraping and painting in the building's public areas. It was reasonable for the jury to find that landlord's workers created the condition that caused the woman's fall. Landlord was negligent in not taking general safety measures.

Gauthier v. Fraiman: NYLJ, p. 25, col. 5 (7/18/96) (App. T. 2 Dept.; Aronin, JP, Chetta, Patterson, JJ)

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