Landlord Not Liable for Slip-and-Fall Injury

December 1, 1997

LVT Number: 11933

A pedestrian sued landlord for negligence after falling on snow or ice in front of landlord's building. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. Landlord claimed it hadn't removed the snow. The appeals court reversed and dismissed the case against landlord. Landlord has no duty to pedestrians to remove snow and ice that accumulates in front of the building. But if landlord does remove snow and ice, it can be liable if its acts create or increase hazards.

A pedestrian sued landlord for negligence after falling on snow or ice in front of landlord's building. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, and landlord appealed. Landlord claimed it hadn't removed the snow. The appeals court reversed and dismissed the case against landlord. Landlord has no duty to pedestrians to remove snow and ice that accumulates in front of the building. But if landlord does remove snow and ice, it can be liable if its acts create or increase hazards. Employees of the building's storefront may have removed the snow, and so may be responsible for the accident. A trial was needed to determine the facts. But tenant didn't contradict landlord's denial of any connection with snow removal.

Jiuz v. City of New York: NYLJ, p. 27, col. 5 (11/28/97) (App. Div. 1 Dept.; Ellerin, JP, Wallach, Nardelli, Mazzarelli, JJ)

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