Tenant Fell into Lobby Fountain Pool

LVT Number: 8741

Elderly tenant sued landlord for negligence after she fell into a fountain pool in the building's lobby. Tenant had lived in the building over 20 years; the fountain was there the entire time. Tenant sat on a couch in the lobby, sorting her mail. She got up and the next thing she knew she fell into the pool and was injured. The trial court ruled against tenant, and tenant appealed. The appeals court again ruled against tenant. Tenant didn't state a specific reason for her fall. And her testimony was conflicting.

Elderly tenant sued landlord for negligence after she fell into a fountain pool in the building's lobby. Tenant had lived in the building over 20 years; the fountain was there the entire time. Tenant sat on a couch in the lobby, sorting her mail. She got up and the next thing she knew she fell into the pool and was injured. The trial court ruled against tenant, and tenant appealed. The appeals court again ruled against tenant. Tenant didn't state a specific reason for her fall. And her testimony was conflicting. She also didn't point to any affirmative act on landlord's part that caused the accident. She can't recover based on pure speculation.

Barland v. The Cryder House: NYLJ, p. 25, col. 3 (4/22/94) (App. Div. 2 Dept.; Thompson, JP, Rosenblatt, Ritter, Santucci, JJ)