Landlord Not Responsible for Slip and Fall

February 1, 2011

LVT Number: #23144

Tenant's cousin sued landlord for negligence after she slipped and fell in the building staircase. Tenant stated in pretrial questioning that water accumulated on the floor in the building each time it rained and that it was tracked onto the interior stairs. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. At most, landlord had a general awareness that the floor became wet during bad weather. This was insufficient to prove that landlord knew, or should have known, that there was a specific condition that caused the cousin's injuries.

Tenant's cousin sued landlord for negligence after she slipped and fell in the building staircase. Tenant stated in pretrial questioning that water accumulated on the floor in the building each time it rained and that it was tracked onto the interior stairs. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. At most, landlord had a general awareness that the floor became wet during bad weather. This was insufficient to prove that landlord knew, or should have known, that there was a specific condition that caused the cousin's injuries. There also was no proof that landlord was in violation of the building code.

Patterson v. Milford Realty, LLC: NYLJ, 1/7/11, p. 26, col. 1 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, Hunter, JJ)

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