Police Officer Fell on Stairs

Police officer sued landlord for negligence. The officer slipped and fell on a staircase in landlord's building while chasing a criminal. Landlord asked that the case be dismissed without a trial. The court ruled for landlord. In general, a police officer may recover damages in an accident caused by someone's negligence in not complying with any laws or government requirements. Police officer claimed the stairs violated certain Multiple Dwelling Law provisions because they weren't clean and in good repair. The officer's expert, who visited the building over two years after the accident, claimed that the treads and risers on the stairs didn't comply with the Building Code. Neither of these claims supported the officer's argument that these supposed violations caused the accident. He really didn't know how he fell. His accident was an inherent risk in pursuing a suspect. There was no actual building or other violation he could point to showing landlord's negligence.

McIntee v. 419 E. 87th St. Owners Corp.: NYLJ, p. 32, col. 4 (11/30/95) (Sup. Ct. NY; Tolub, J)