Landlord Not Responsible for Slip and Fall on Basketball Court

January 1, 2009

LVT Number: #20944

Tenant sued landlord for negligence after he was injured in a slip and fall at the building's outdoor basketball court. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. Tenant assumed the risks connected with playing basketball outdoors. He was an experienced player who was familiar with the court's playing surface and its depressions. He was well aware that there was a puddle of water on the court, because he admitted seeing it and playing there for an hour and a half before he slipped.

Tenant sued landlord for negligence after he was injured in a slip and fall at the building's outdoor basketball court. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. Tenant assumed the risks connected with playing basketball outdoors. He was an experienced player who was familiar with the court's playing surface and its depressions. He was well aware that there was a puddle of water on the court, because he admitted seeing it and playing there for an hour and a half before he slipped.

Milliner v. NYCHA: NYLJ, 12/29/08, p. 25, col. 6 (App. Div. 1 Dept.; Tom, JP, Saxe, Catterson, Moskowitz, DeGrasse, JJ)

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