Did Landlord Create Condition That Caused Stairway Slip-and-Fall?

February 16, 2016

LVT Number: #26778

Tenant sued landlord for negligence after a slip-and-fall in the building stairway. Landlord asked the court to dismiss the case without a trial, claiming that it wasn’t responsible for tenant’s injury. The court ruled for landlord. Tenant appealed and won. The case was reopened for trial. There was a genuine issue of material fact as to whether landlord caused or created the wet stair condition. Landlord’s super denied mopping the stairs on the morning of tenant’s accident, but this was inconsistent with his established cleaning routine and schedule.

Tenant sued landlord for negligence after a slip-and-fall in the building stairway. Landlord asked the court to dismiss the case without a trial, claiming that it wasn’t responsible for tenant’s injury. The court ruled for landlord. Tenant appealed and won. The case was reopened for trial. There was a genuine issue of material fact as to whether landlord caused or created the wet stair condition. Landlord’s super denied mopping the stairs on the morning of tenant’s accident, but this was inconsistent with his established cleaning routine and schedule. Tenant also had testified in a pre-trial deposition that the stairs were soapy, dirty, and wet, and that there was a  mop, bucket, and “wet floor” sign in the nearby lobby.

 

 

 
Irizarry v. 1915 Realty LLC: 2016 NY Slip Op 00009, 2016 WL 39734 (App. Div. 1 Dept.; 1/5/16; Friedman, JP, Sweeny, Saxe, Moskowitz, JJ)

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