Landlord Not Liable for Tenant's Fall

December 1, 2002

LVT Number: 16245

Tenant sued landlord for negligence after falling down a staircase in her apartment. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. Tenant was in the process of moving out of the apartment. After most of her furniture was moved out, she put her mattress on the living room floor, only five feet from the side edge of the stairwell. She got up during the night, tripped over her own shoes, and fell down the staircase.

Tenant sued landlord for negligence after falling down a staircase in her apartment. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. Tenant was in the process of moving out of the apartment. After most of her furniture was moved out, she put her mattress on the living room floor, only five feet from the side edge of the stairwell. She got up during the night, tripped over her own shoes, and fell down the staircase. Tenant claimed that a three-foot-high open railing at the edge of the stairwell was a dangerous condition that caused her fall. But what caused the fall was tenant's tripping over her shoes. Landlord wasn't responsible for tenant's injuries.

Napoli v. Menicucci: NYLJ, 11/25/02, p. 28, col. 3 (App. Div.2 Dept.; Friedmann, JP, Miller, Cozier, Mastro, JJ)

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