Trial Required on Landlord's Liability for Slip and Fall

May 31, 2005

LVT Number: 18119

Tenant sued landlord for negligence after she slipped and fell on a building staircase. Landlord asked the court to dismiss the case without a trial. Landlord claimed that there was no defective condition in the stairwell. The court ruled for landlord. Tenant appealed, claiming that the handrail in the staircase was too low, so she was unable to grab it to break her fall. She submitted an engineer's statement that the handrail was placed lower than required by the building code. The appeals court ruled for tenant and reopened the case.

Tenant sued landlord for negligence after she slipped and fell on a building staircase. Landlord asked the court to dismiss the case without a trial. Landlord claimed that there was no defective condition in the stairwell. The court ruled for landlord. Tenant appealed, claiming that the handrail in the staircase was too low, so she was unable to grab it to break her fall. She submitted an engineer's statement that the handrail was placed lower than required by the building code. The appeals court ruled for tenant and reopened the case. Tenant raised questions of fact concerning whether the handrail location violated the building code and whether this caused her injuries. A trial was required.

Peters v. 1625 E. 13th St. Owners, Inc.: NYLJ, 5/16/05, p. 29, col. 3 (App. Div. 2 Dept.; Florio, JP, Miller, Santucci, Spolziono, JJ)

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