Landlord Not Required to Inspect Smoke Detector

February 12, 2020

LVT Number: #30617

Tenant sued landlord after he was injured during a fire in his apartment. Tenant claimed that landlord failed to provide an operable smoke detector because it didn't regularly inspect the smoke detector. The court ruled against tenant and dismissed the case. Tenant appealed and lost. Landlord showed that it provided a functional smoke detector in tenant's apartment. The obligation to maintain the smoke detector then shifted to tenant. Landlord could be liable only if it placed tenant in a more vulnerable position than he would have been in had landlord done nothing.

Tenant sued landlord after he was injured during a fire in his apartment. Tenant claimed that landlord failed to provide an operable smoke detector because it didn't regularly inspect the smoke detector. The court ruled against tenant and dismissed the case. Tenant appealed and lost. Landlord showed that it provided a functional smoke detector in tenant's apartment. The obligation to maintain the smoke detector then shifted to tenant. Landlord could be liable only if it placed tenant in a more vulnerable position than he would have been in had landlord done nothing. In this case, there was no proof that tenant relied on landlord's inspection of his smoke detector to ensure that it worked. Tenant, in fact, testified that he never saw the building super inspect his smoke detector.

Figueroa v. Parkash: Index No. 10875, 300844/14, 2020 NY Slip Op 00525 (App. Div. 1 Dept.; 1/28/20; Kapnick, JP, Oing, Singh, Moulton, JJ)

Topics

More like this