Child Hurt on Unhinged Door

March 1, 1995

LVT Number: 9514

Tenant sued landlord for negligence after her child was hurt on an unhinged door. Tenant testified that she'd told landlord about the broken doors in her apartment two months before the accident, but that landlord hadn't fixed them. She also testified that landlord had told her to keep the doors propped up against the wall in the hallway of her apartment. Landlord asked the court to dismiss the case without a trial, arguing that tenant was responsible for the child's injuries because she'd put the doors in the hall. The trial court refused to dismiss the case, and landlord appealed.

Tenant sued landlord for negligence after her child was hurt on an unhinged door. Tenant testified that she'd told landlord about the broken doors in her apartment two months before the accident, but that landlord hadn't fixed them. She also testified that landlord had told her to keep the doors propped up against the wall in the hallway of her apartment. Landlord asked the court to dismiss the case without a trial, arguing that tenant was responsible for the child's injuries because she'd put the doors in the hall. The trial court refused to dismiss the case, and landlord appealed. The appeals court ruled for tenant. A trial is needed to determine whether the mother's placement of the doors in the hallway was a direct result of landlord's negligence.

Perez v. NYCHA: NYLJ, p. 26, col. 2 (2/9/95) (App. Div.. 1 Dept.; Murphy, JP, Sullivan, Rosenberger, Ross, JJ)

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