Did Landlord Have Notice of Stairway Puddle?

April 30, 2010

LVT Number: #22613

Tenant sued landlord for negligence after slipping and falling in a building stairway. Tenant claimed that there was a puddle of water on the stairs. Landlord asked the court to dismiss the case without atrial, claiming that it didn’t cause the condition that led to tenant’s injury. The court ruled against landlord. Landlord appealed and lost. Landlord offered no proof to show when the staircase was last inspected or cleaned at the time of tenant’s accident. So landlord hadn’t proved it could not have known about the condition.

Tenant sued landlord for negligence after slipping and falling in a building stairway. Tenant claimed that there was a puddle of water on the stairs. Landlord asked the court to dismiss the case without atrial, claiming that it didn’t cause the condition that led to tenant’s injury. The court ruled against landlord. Landlord appealed and lost. Landlord offered no proof to show when the staircase was last inspected or cleaned at the time of tenant’s accident. So landlord hadn’t proved it could not have known about the condition. A trial was needed to determine the facts.

Alston v. Starrett City Associates: NYLJ, 4/20/10, p. 30, col. 4 (App. Div. 2 Dept.; Rivera, JP, Covello, Miller, Chambers, JJ)

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