Landlord Not Responsible for Police Officer's Trip-and-Fall

A police officer sued landlord for negligence, after responding to a 911 call at the building. The officer tripped when she descended the two front steps of the building, fell to the sidewalk, and broke her elbow.  The court granted landlord’s request to dismiss the case without a trial. The police officer appealed and lost. The building’s front exterior stairway wasn’t inherently dangerous and didn’t constitute a hidden trap. The two expert statements submitted by the police officer in opposition to landlord’s request to dismiss the case were insufficient to raise a triable issue of fact. The experts’ opinions that good and commonly accepted safe industry practice required handrails and uniform riser heights on the stairway weren’t supported by reference to specific, applicable safety standards or practices.

Griffith v. Eth Nep, LP: 2016 NY Slip Op 04350, 2016 WL 3149646 (App. Div. 1 Dept.; 6/7/16; Friedman, JP, Renwick, Andrias, Gische, Webber, JJ)