Contractor Not Responsible for Slip and Fall on Ice Patch

May 12, 2012

LVT Number: #24094

Pedestrian sued landlord and its snow removal contractor after she slipped and fell on ice in the parking lot of landlord's apartment complex. The court dismissed the case against the contractor. Landlord appealed and lost. The contractor had no duty of care to landlord independent of its contractual obligations and no duty of care to the pedestrian. But there was a question as to whether landlord knew or should have known of a dangerous ice condition on its property, so a trial was needed to determine the facts.

Pedestrian sued landlord and its snow removal contractor after she slipped and fell on ice in the parking lot of landlord's apartment complex. The court dismissed the case against the contractor. Landlord appealed and lost. The contractor had no duty of care to landlord independent of its contractual obligations and no duty of care to the pedestrian. But there was a question as to whether landlord knew or should have known of a dangerous ice condition on its property, so a trial was needed to determine the facts.

Littleton v. Amberland Owners, Inc: 94 A.D.3d 953, NY Slip Op 02844 (App. Div. 2 Dept.; 4/17/12; Rivera, JP, Chambers, Roman, Sgroi, JJ)

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