Landlord Not Liable for Trip and Fall Over Speed Bump

Tenant's sister sued landlord for negligence after she tripped and fell over a speed bump outside the building. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, finding that there were questions of fact requiring a trial. Landlord appealed and won. The speed bump was located on a pedestrian walkway leading from the front door of the building. Tenant's sister left the building at night, but the lights in the building hallway were on, as were nearby street lights. Landlord showed that the speed bump was plainly observable and didn't pose any danger to someone making reasonable use of her senses. The speed bump spanned the width of the walkway and was plainly visible under the street lights. There was no proof presenting a question as to whether there was a dangerous or defective condition on the walkway.

Rivera v. NYCHA: NYLJ, 12/15/08, p. 27, col. 6 (App. Div. 1 Dept.; Andrias, JP, Saxe, Sweeny, Catterson, Moskowitz, JJ)