Defective Smoke Alarm Didn't Cause Tenant's Injuries

January 1, 1998

LVT Number: 12058

Tenant sued landlord for negligence after she was injured in an apartment fire. She claimed a defective smoke alarm caused her injuries. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed and won. The case was dismissed. Tenant had been cooking something on the stove and fell asleep in another room. She woke up, smelled smoke, and was injured with hot oil while snatching the smoking skillet from the stove. The court found no connection between the supposed defect in the smoke alarm and tenant's injury.

Tenant sued landlord for negligence after she was injured in an apartment fire. She claimed a defective smoke alarm caused her injuries. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed and won. The case was dismissed. Tenant had been cooking something on the stove and fell asleep in another room. She woke up, smelled smoke, and was injured with hot oil while snatching the smoking skillet from the stove. The court found no connection between the supposed defect in the smoke alarm and tenant's injury.

Perry v. Millio: NYLJ, p. 32, col. 6 (12/15/97) (App. Div. 2 Dept.; Altman, JP, Friedmann, Krausman, McGinity, JJ)

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