Landlord Not Liable for Tenant's Jump from Roof

June 30, 1999

LVT Number: 13331

Tenant was injured when he jumped from the roof of his building and sued landlord for negligence. Tenant claimed the wall on the roof was only three feet high when, by law, it should be three feet six inches high. Tenant was six feet tall. Tenant also admitted that he was mentally ill and under psychiatric care at the time he went up to the building roof and decided to jump. The court ruled against tenant and dismissed the case. The height of the roof wall didn't matter in this case, given tenant's height and given tenant's admission that he felt ''abnormal'' and wanted to jump.

Tenant was injured when he jumped from the roof of his building and sued landlord for negligence. Tenant claimed the wall on the roof was only three feet high when, by law, it should be three feet six inches high. Tenant was six feet tall. Tenant also admitted that he was mentally ill and under psychiatric care at the time he went up to the building roof and decided to jump. The court ruled against tenant and dismissed the case. The height of the roof wall didn't matter in this case, given tenant's height and given tenant's admission that he felt ''abnormal'' and wanted to jump.

Cooke v. Cekovic: NYLJ, p. 32, col. 3 (6/24/99) (Sup. Ct. Kings; Rappaport, J)

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