Landlord Not Responsible for Slip and Fall

August 31, 2011

LVT Number: #23587

Tenant sued landlord for negligence after falling on the sidewalk in front of the building that was under construction. Landlord claimed that it wasn’t responsible, and the court granted landlord’s request to dismiss the case. Tenant appealed and lost. The condition wasn’t caused by landlord, but by an independent contractor hired to replace the sidewalk. The contractor showed that the temporary condition that caused the accident was open and obvious, and not inherently dangerous.

Tenant sued landlord for negligence after falling on the sidewalk in front of the building that was under construction. Landlord claimed that it wasn’t responsible, and the court granted landlord’s request to dismiss the case. Tenant appealed and lost. The condition wasn’t caused by landlord, but by an independent contractor hired to replace the sidewalk. The contractor showed that the temporary condition that caused the accident was open and obvious, and not inherently dangerous. Tenant saw that the work was in progress, but attempted to walk across an excavated area where mesh grid was exposed.

Soussi v. Gobin: 928 N.Y.S.2d 80, 2011 NY Slip Op 06228 (App. Div. 2 Dept.; 8/9/11; Dillon, JP, Eng, Sgroi, Miller, JJ)

Topics

More like this