Landlord Had No Notice of Wet Lobby Condition

January 10, 2012

LVT Number: #23814

Tenant sued landlord for negligence after she slipped and fell on wet floor in the building lobby. The court dismissed the case without a trial. Tenant appealed and lost. Landlord claimed that it had no constructive notice of the claimed wet condition. Tenant's husband claimed that he had seen water accumulate in the building lobby at various times when it rained. But this raised no more than a general awareness that the floor became wet during wet weather. This was insufficient proof that landlord had notice of a specific condition that caused tenant's injuries.

Tenant sued landlord for negligence after she slipped and fell on wet floor in the building lobby. The court dismissed the case without a trial. Tenant appealed and lost. Landlord claimed that it had no constructive notice of the claimed wet condition. Tenant's husband claimed that he had seen water accumulate in the building lobby at various times when it rained. But this raised no more than a general awareness that the floor became wet during wet weather. This was insufficient proof that landlord had notice of a specific condition that caused tenant's injuries. Tenant failed to show that she had complained of a hazardous condition or that landlord had notice from any other source.

Rosario v. Bronx Park South III Associates LP: NYLJ, 12/5/11, p. 19, col. 6 (App. Div. 1 Dept.; Tom, JP, Andrias, Catterson, Abdus-Salaam, Roman, JJ)

Topics

More like this