Landlord Not Liable for Visitor's Slip-and-Fall

November 1, 2001

LVT Number: 15360

A building visitor sued landlord for negligence after she slipped and fell on the top marble stair, or landing, of an interior entrance vestibule in landlord's building. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed, claiming that he wasn't responsible for the visitor's injuries. The appeals court ruled for landlord. There was no claim that the step had been waxed or polished, making it slippery, and the visitor admitted that she wasn't standing on any sloped part of the stairs or that she needed a handrail.

A building visitor sued landlord for negligence after she slipped and fell on the top marble stair, or landing, of an interior entrance vestibule in landlord's building. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed, claiming that he wasn't responsible for the visitor's injuries. The appeals court ruled for landlord. There was no claim that the step had been waxed or polished, making it slippery, and the visitor admitted that she wasn't standing on any sloped part of the stairs or that she needed a handrail. On the other hand, landlord's witnesses had seen the visitor getting drunk in a bar in the building, to the point where the bartender stopped serving her alcohol.

Conry v. Avellino: NYLJ, 10/17/01, p. 19, col. 4 (App. Div.2 Dept.; Ritter, JP, Miller, Luciano, Crane, JJ)

Topics

More like this