Liability for ‘Slip and Fall' in Entrance Hall

Tenant sued landlord for negligence after he slipped and fell in the front entrance hall of landlord's building. The jury ruled for tenant, and landlord appealed. The appeals court reopened the case and ordered a new trial. It had rained lightly for three hours before tenant fell at 9:30 a.m. The ceramic tile floor in the vestibule was wet and covered with dirty footprints from rain tracked in. No mats had been put down, although the superintendent usually did so under such circumstances. While, given the evidence, a jury could reasonably find landlord negligent, the court gave the jury an improper instruction. The court had erroneously told the jury that landlord could be found to have created an unsafe condition merely by installing the glazed ceramic tile floor.

Killgo v. Hidalgo: NYLJ, p. 25, col. 1 (12/19/95) (App. T. 1 Dept.; Parness, JP, Miller, J)