Tenant Fell from Fire Escape Landing

Tenant sued landlord for negligence after falling from a fire escape landing. Landlord argued that the case should be dismissed because there were no building violations in relation to the fire escapes. The court and appeals courts ruled against landlord, finding that a trial was needed. There were questions of fact to be answered as to whether it was foreseeable that tenants would use the fire escape landings to clean windows or for other purposes and, if so, whether landlord exercised reasonable care to protect tenants from injuring themselves by falling through unguarded hatchways in fire escape landings.

Kellman v. 45 Tiemann Associates, Inc.: NYLJ, p. 30, col. 1 (12/22/95) (Ct. App.; Kaye, CJ, Simons, Titone, Bellacosa, Smith, Levine, Ciparick, JJ)