Stairway Handrail Was Wobbly

January 1, 2004

LVT Number: 17043

Elderly tenant sued NYCHA and landlord after falling on an outdoor staircase. At the trial, tenant and witnesses testified that tenant fell backward when he grabbed the stairway handrail, which was loose and wobbly. Landlord testified that it hadn't secured the wooden handrail into the concrete stairway. The jury found NYCHA and landlord negligent but ruled against tenant because it found that the negligence wasn't the cause of tenant's injury. Tenant appealed and won. The jury's decision went against the evidence. A new trial was needed.

Elderly tenant sued NYCHA and landlord after falling on an outdoor staircase. At the trial, tenant and witnesses testified that tenant fell backward when he grabbed the stairway handrail, which was loose and wobbly. Landlord testified that it hadn't secured the wooden handrail into the concrete stairway. The jury found NYCHA and landlord negligent but ruled against tenant because it found that the negligence wasn't the cause of tenant's injury. Tenant appealed and won. The jury's decision went against the evidence. A new trial was needed.

Haut v. NYCHA: NYLJ, 12/15/03, p. 34, col. 3 (App. Div. 2 Dept.; Altman, JP, Smith, Friedmann, Crane, JJ)

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