Jagged Metal Ridges on Stairway

March 1, 1993

LVT Number: 6768

Tenant sued landlord for negligence after he slipped and fell down the exterior stairwell of landlord's building. When he fell, tenant grabbed for the adjacent railing, which was topped with jagged metal ridges. Tenant injured his ring finger when it caught on the ridges. The court dismissed tenant's petition without a trial, and tenant appealed. The appeals court sent the case back, finding that a trial was needed. There were questions of fact: Was landlord negligent in maintaining this type of railing? Was it foreseeable that someone would grab the railing to prevent a fall?

Tenant sued landlord for negligence after he slipped and fell down the exterior stairwell of landlord's building. When he fell, tenant grabbed for the adjacent railing, which was topped with jagged metal ridges. Tenant injured his ring finger when it caught on the ridges. The court dismissed tenant's petition without a trial, and tenant appealed. The appeals court sent the case back, finding that a trial was needed. There were questions of fact: Was landlord negligent in maintaining this type of railing? Was it foreseeable that someone would grab the railing to prevent a fall? And did the railing cause the injury?

[Gonzalez v. Vargas: NYLJ, p. 26, col. 3 (2/1/93) (App. Div. 1 Dept.; Carro, JP, Rosenberger, Ellerin, Kupferman, Kassal, JJ)].

Topics

More like this