Tenant Fell When Repairing Air Bubble on Ceiling

Facts: Tenant complained to landlord many times over two years about recurring air bubbles on the ceiling in her apartment. Other tenants also complained, but the bubbles would reappear after landlord made repairs. The bubbles were potentially dangerous because they'd eventually burst, causing plaster to fall from the ceiling. Landlord didn't respond to tenant's most recent complaint for over a week. When a bubble grew larger, tenant climbed onto a chair herself and tried to burst it with a broom handle. Tenant fell off the chair and injured her ankle. Tenant then sued landlord. She claimed that landlord was negligent. Because landlord didn't remedy the condition, it was foreseeable that tenant would try to fix it herself and could get hurt. Landlord claimed that tenant was responsible for her injury. The trial court dismissed tenant's complaint without a trial, and tenant appealed. Court: Tenant wins. The court sent the case back for a trial. A jury might find that tenant's actions were a normal and foreseeable response to the imminent threat of harm caused by the ceiling's condition.

Shutak v. Handler: NYLJ, p. 25, col. 3 (6/21/93) (App. Div. 1 Dept.; Carro, JP, Milonas, Ellerin, Kassal, JJ)