Did Removal of Rain Mat Cause Slip-and-Fall on Stairs?

Tenant sued landlord for negligence after she slipped and fell on marble steps leading to the building's vestibule. Landlord asked the court to dismiss the case without trial, claiming that it neither created nor knew about the condition that caused tenant's injuries.

The court ruled against landlord, who appealed and lost. It rained on the day of the accident, and a rain mat usually placed next to the building's front door had been removed for cleaning by the building super and not replaced with another mat. There was some proof that the mat's absence allowed water to accumulate in the vestibule and on the steps as people entered from outside. Tenant claimed that the accumulation of water on the steps, which had no anti-skid strips, was the cause of her fall. Video surveillance tape didn't show conclusively that the condition was caused by another tenant who closed her umbrella in the vestibule just moments before tenant's accident. There also was no proof of when the vestibule floor was last checked before the accident.

Brown v. Phillbert: App. No. 12426, Case No. 2020-02348, 200 NY Slip Op 06847 (App. Div. 1 Dept.; 11/19/20; Gische, JP, Mazzarelli, Moulton, Mendez, JJ)