Was Landlord Responsible for Tenant's Slip and Fall on Icy Landing?

July 11, 2014

LVT Number: #25599

Tenant sued landlord for negligence after she slipped and fell down a wooden staircase leading from the building's second floor. Landlord asked the court to dismiss the case without a trial, claiming that she wasn't responsible for tenant's injury. The court ruled for landlord. Tenant appealed, and the case was reopened. Landlord failed to introduce any proof as to when she last cleaned or inspected the staircase relative to the time that tenant fell.

Tenant sued landlord for negligence after she slipped and fell down a wooden staircase leading from the building's second floor. Landlord asked the court to dismiss the case without a trial, claiming that she wasn't responsible for tenant's injury. The court ruled for landlord. Tenant appealed, and the case was reopened. Landlord failed to introduce any proof as to when she last cleaned or inspected the staircase relative to the time that tenant fell. So landlord hadn't proved outright that she didn't have constructive notice of the claimed wet condition on the stairway. A trial was needed to determine the facts.

Lamour v. Decimus: 2014 NY Slip Op 04466, 2014 WL 2743708 (App. Div. 2 Dept.; 6/18/14; Dickerson, JP, Leventhal, Hall, Miller, JJ)

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