Tenant Didn't Prove Lack of Handrails Caused Fall in Staircase

Tenant sued landlord for negligence after she slipped and fell down a small interior stairway in her building. During pretrial questioning, tenant stated that she didn't know what caused her to slip. Landlord then asked the court to dismiss the case. In opposition, tenant claimed that she had slipped because there were no handrails in the staircase. Tenant's expert submitted a sworn statement that the lack of handrails violated the New York City Building Code. The court ruled for landlord. Tenant appealed and lost. Even if the Building Code was violated, tenant didn't present any proof that the absence of handrails had caused her fall. During pretrial questioning, she didn't claim that she had reached out for a handrail either before or during her fall, and she didn't testify that the lack of handrails contributed to her accident.

Plowden v. Stevens Partners, LLC: NYLJ, 11/19/07, p. 32, col. 5 (App. Div. 2 Dept.; Rivera, JP, Skelos, Fisher, Angiolillo, JJ)