Tenant's Shoe Heel Caught in Step

December 1, 2003

LVT Number: 16982

Tenant sued landlord for negligence. She was injured when her shoe heel caught in a hole in a step on the building staircase. Landlord claimed that the defect in the step was so small that it couldn't be grounds for tenant's claim. The court ruled for landlord and dismissed the case. Tenant appealed and won. There was a question of fact as to whether the defect in the step created a tripping hazard. The fact that tenant was carrying her daughter and other items may have contributed to the accident. But this, also, raised a question of fact that required a trial.

Tenant sued landlord for negligence. She was injured when her shoe heel caught in a hole in a step on the building staircase. Landlord claimed that the defect in the step was so small that it couldn't be grounds for tenant's claim. The court ruled for landlord and dismissed the case. Tenant appealed and won. There was a question of fact as to whether the defect in the step created a tripping hazard. The fact that tenant was carrying her daughter and other items may have contributed to the accident. But this, also, raised a question of fact that required a trial.

Elliott v. E. 220th St. Realty Co., LLC: NYLJ, 11/24/03, p. 26, col. 6 (App. Div. 1 Dept.; Tom, JP, Andrias, Saxe, Williams, JJ)

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