Elderly Tenant Tripped Over Garden Hose Left on Sidewalk

September 30, 2010

LVT Number: #22908

An elderly Co-op City tenant sued landlord for damages after she tripped and fell over a garden hose placed across the sidewalk in front of landlord's building. Landlord claimed that it wasn't responsible for tenant's injuries and asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed, and the case was reopened. While the hose was clearly visible, it was an open and obvious hazard as a matter of law. Another tenant had seen the hose on the sidewalk at least half an hour before the accident occurred.

An elderly Co-op City tenant sued landlord for damages after she tripped and fell over a garden hose placed across the sidewalk in front of landlord's building. Landlord claimed that it wasn't responsible for tenant's injuries and asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed, and the case was reopened. While the hose was clearly visible, it was an open and obvious hazard as a matter of law. Another tenant had seen the hose on the sidewalk at least half an hour before the accident occurred. Under the circumstances, whether landlord breached its duty to maintain the 300-acre property in a reasonably safe condition was a question of fact that required a trial.

Sweeney v. Riverbay Corporation: NYLJ, 9/16/10, p. 27, col. 4 (App. Div. 1 Dept.; Saxe, JP, Catterson [dissenting], Moskowitz, DeGrasse, Abdus-Salaam, JJ)

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