Blind Pedestrian Trips on Sidewalk in Front of Landlord's Building

May 12, 2012

LVT Number: #24100

Pedestrian sued landlord, as well as Guiding Eyes for the Blind, for negligence after she tripped on the sidewalk in front of landlord's building. Landlord asked the court to dismiss the case without a trial, claiming that it wasn't responsible. The court ruled against landlord, who appealed and lost. The pedestrian was legally blind and claimed that she was injured when she tripped and fell over an elevated sidewalk flag as she walked in front of landlord's building. Although she wasn't sure what caused her fall, she described a curb-like raised defect in the sidewalk.

Pedestrian sued landlord, as well as Guiding Eyes for the Blind, for negligence after she tripped on the sidewalk in front of landlord's building. Landlord asked the court to dismiss the case without a trial, claiming that it wasn't responsible. The court ruled against landlord, who appealed and lost. The pedestrian was legally blind and claimed that she was injured when she tripped and fell over an elevated sidewalk flag as she walked in front of landlord's building. Although she wasn't sure what caused her fall, she described a curb-like raised defect in the sidewalk. Her companion testified only that the pedestrian fell on the sidewalk flag in question. A trial was needed to determine the facts.

Clark v. Jay Realty Corp.: NYLJ, 4/26/12, p. 25, col. 3 (App. Div. 1 Dept.; Tom, JP, Friedman, Catterson, Acosta, Freedman, JJ)

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