Fire Escape Collapsed

June 30, 2003

LVT Number: 16645

Tenant sued landlord for negligence. Tenant was injured when she stepped onto a fire escape outside her apartment window and the fire escape collapsed. Landlord claimed that it had no knowledge of any defect in the fire escape's condition and asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and lost. Landlord had a duty to periodically inspect the fire escape. Landlord's managing agent admitted that no one had inspected the fire escape recently and didn't know when the fire escape was last inspected.

Tenant sued landlord for negligence. Tenant was injured when she stepped onto a fire escape outside her apartment window and the fire escape collapsed. Landlord claimed that it had no knowledge of any defect in the fire escape's condition and asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and lost. Landlord had a duty to periodically inspect the fire escape. Landlord's managing agent admitted that no one had inspected the fire escape recently and didn't know when the fire escape was last inspected. So landlord couldn't say that it had no notice that the fire escape might be defective.

Showverer v. Allerton Assocs.: NYLJ, 6/19/03, p. 20, col. 3 (App. Div. 1 Dept.; Nardelli, JP, Tom, Andrias, Sullivan, Friedman, JJ)

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