Fall Down Elevator Shaft

A visitor sued landlord for damages after falling down the building's elevator shaft. Landlord claimed he wasn't liable because the accident occurred 139 days after landlord had lost the building in a mortgage foreclosure. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. The visitor claimed that there had previously been a similar accident in the building, so landlord knew the condition existed. The visitor therefore may be able to prove that landlord had created the danger, or was responsible for its continuation, by not disclosing the condition at the time of the transfer of the property. A trial was needed to determine the facts.

Morris v. Freudenheim: 641 NYS2d 788 (1996) (Sup. Ct. Erie Co.; Sconiers, J)