Landlord Not Liable for Slip-and-Fall

December 1, 2005

LVT Number: 18495

Tenant sued landlord for negligence after she slipped and fell in the building's stairwell. Tenant claimed that there was food debris in the stairwell. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. There was no proof to show that landlord had created or had actual notice of the condition, or how long the debris had been in the stairwell before the accident. And there was insufficient proof that landlord should have known about the condition based on general awareness of litter in the stairwell.

Tenant sued landlord for negligence after she slipped and fell in the building's stairwell. Tenant claimed that there was food debris in the stairwell. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. There was no proof to show that landlord had created or had actual notice of the condition, or how long the debris had been in the stairwell before the accident. And there was insufficient proof that landlord should have known about the condition based on general awareness of litter in the stairwell.

Melendez v. NYCHA: NYLJ, 11/15/05, p. 26, col. 3 (App. Div. 1 Dept.; Buckley, PJ, Tom, Andrias, Sullivan, Malone, JJ)

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