Tenant Slipped on Stairs After Handrail Gave Way

February 1, 2010

LVT Number: #22459

Tenant sued landlord for negligence. She was injured in the building stairway when she slipped and fell after the handrail gave way. There was no proof of any slippery substance. Landlord asked the court to dismiss the case without a trial, claiming that it wasn’t responsible. The court and appeals court ruled against landlord. Whether landlord breached its duty to inspect the handrail, which was designed to be fastened with screws underneath to wall brackets, was a question that required a trial.

Tenant sued landlord for negligence. She was injured in the building stairway when she slipped and fell after the handrail gave way. There was no proof of any slippery substance. Landlord asked the court to dismiss the case without a trial, claiming that it wasn’t responsible. The court and appeals court ruled against landlord. Whether landlord breached its duty to inspect the handrail, which was designed to be fastened with screws underneath to wall brackets, was a question that required a trial. Landlord admitted that it had no regular program for inspecting the handrail and that the only inspection was conducted every two years by HUD. Even if landlord can rely on the HUD inspection, there was a question as to whether doing so every two years was reasonable.

Sanders v. Morris Heights Mews Associates: NYLJ, 1/11/10, p. 26, col. 3 (App. Div. 1 Dept.; Mazzarelli, JP, Friedman, Nardelli, Renwick, Romn, JJ)

Topics

More like this