Was Landlord Responsible for Tenant's Fall?

LVT Number: #27148

Tenant sued landlord for negligence after he tripped and fell in the tall grass and weeds in the building’s parking lot. This caused tenant to fall into the side of his truck. Landlord asked the court to dismiss the case without a trial, claiming that it wasn’t responsible for what happened. The court ruled against landlord. A trial was needed to decide who was responsible. Tenant’s injuries were reasonably foreseeable, and landlord had at least constructive notice of the claimed dangerous defect.
Tenant sued landlord for negligence after he tripped and fell in the tall grass and weeds in the building’s parking lot. This caused tenant to fall into the side of his truck. Landlord asked the court to dismiss the case without a trial, claiming that it wasn’t responsible for what happened. The court ruled against landlord. A trial was needed to decide who was responsible. Tenant’s injuries were reasonably foreseeable, and landlord had at least constructive notice of the claimed dangerous defect. The fact that a condition was open and obvious didn’t relieve landlord of all duty to maintain the premises in a reasonably safe condition.
 
 
 
Lang v. Vandelay Realty LLC: Index No. 14-3637, NYLJ No. 1202761482012 (Sup. Ct. Ulster Co.; 6/3/16; Fisher, J)