Handicapped Tenant Fell on Another Tenant

November 1, 1997

LVT Number: 11915

Tenant sued landlord for negligence after handicapped tenant fell on him. Tenant claimed landlord was responsible for his injuries. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord, and tenant appealed. The appeals court ruled against tenant. Landlord had no duty or authority to monitor the conduct of handicapped tenant. Handicapped tenant walked on artificial legs with canes and had lost his balance when he fell on tenant. Landlord couldn't force handicapped tenant to use a wheelchair.

Tenant sued landlord for negligence after handicapped tenant fell on him. Tenant claimed landlord was responsible for his injuries. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord, and tenant appealed. The appeals court ruled against tenant. Landlord had no duty or authority to monitor the conduct of handicapped tenant. Handicapped tenant walked on artificial legs with canes and had lost his balance when he fell on tenant. Landlord couldn't force handicapped tenant to use a wheelchair.

Torre v. Paul A. Burke Constr., Inc.: 661 NYS2d 145 (4/25/97) (App. Div. 4 Dept.; Denman, PJ, Green, Lawton, Balio, Fallon, JJ)

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