Tenant Fell Down Stairway

May 31, 1996

LVT Number: 10614

Tenant sued landlord for negligence after she fell down an interior stairway leading from her first-floor apartment to the basement. Tenant claimed she fell when the third step lifted up and the handrail gave way. Landlord showed that tenant had a prior foot injury. The trial court ruled against tenant; the jury found that tenant's prior injury was the cause of the injury. Tenant appealed. The appeals court reopened the case and sent it back for a new trial. There was no proof that tenant's foot injury had previously caused her to lose her balance or fall.

Tenant sued landlord for negligence after she fell down an interior stairway leading from her first-floor apartment to the basement. Tenant claimed she fell when the third step lifted up and the handrail gave way. Landlord showed that tenant had a prior foot injury. The trial court ruled against tenant; the jury found that tenant's prior injury was the cause of the injury. Tenant appealed. The appeals court reopened the case and sent it back for a new trial. There was no proof that tenant's foot injury had previously caused her to lose her balance or fall.

Lucio v. Pisanello: NYLJ, p. 30, col. 1 (5/13/96) (App. Div. 2 Dept.; Balletta, JP, Sullivan, Santucci, Altman, JJ)

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