Landlord Not Liable for Elevator Accident

May 31, 2001

LVT Number: 14998

Tenant sued landlord for negligence after she was injured in the building's elevator. The elevator door closed on her suddenly and unexpectedly. Landlord claimed that tenant didn't show that it had improperly maintained the elevator and asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. Tenant's own actions may have caused her injury, and there was no proof of landlord's negligence. She decided when to enter the elevator and wasn't watching the door. Another person was able to move out of the way of the closing door.

Tenant sued landlord for negligence after she was injured in the building's elevator. The elevator door closed on her suddenly and unexpectedly. Landlord claimed that tenant didn't show that it had improperly maintained the elevator and asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. Tenant's own actions may have caused her injury, and there was no proof of landlord's negligence. She decided when to enter the elevator and wasn't watching the door. Another person was able to move out of the way of the closing door.

Graham v. Wohl: NYLJ, 5/21/01, p. 22, col. 2 (App. Div.1 Dept.; Sullivan, PJ, Nardelli, Williams, Rubin, Marlow, JJ)

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