Was Landlord Responsible for Tenant's Injuries in Elevator Accident?
LVT Number: #27610
Tenant sued landlord for negligence, claiming injuries after an elevator door forcibly closed and struck her. The court ruled against tenant after trial and dismissed the case. Tenant appealed, and the case was reopened. The legal doctrine of “res ipsa loquitur” applied in this case since the event was of a kind that usually didn’t occur in the absence of negligence, was caused by something within landlord’s exclusive control, and wasn’t caused by tenant’s actions.
Barkley v. Plaza Realty Investors Inc.: 2017 NY Slip Op 01664, 2017 WL 887654 (App. Div. 1 Dept.; 2/7/17; Sweeny Jr., JP, Acosta, Mazzarelli, Manzanet-Daniels, Webber, JJ)