Landlord Not Responsible for Slip and Fall on Wet Stairs

Tenant sued landlord for negligence after she slipped and fell down the stairs inside the building. Landlord asked the court to dismiss the case, claiming that it had no notice of any hazardous condition. The court ruled for landlord. Tenant appealed and lost. Tenant claimed that water accumulated on the lobby floor in the building each time it rained and that the water would be tracked onto the interior stairs. But this only showed landlord that the floor became wet during bad weather, not any particular condition. Tenant didn't inform landlord of any hazardous condition or show that it had otherwise been notified. Tenant also now claimed that there was a leak in the wall near the mailboxes, creating a puddle of water at the bottom of the staircase each time it rained. But this was inconsistent with answers she gave during pretrial questioning.

Rodriguez v. 520 Audobon Associates: NYLJ, 3/4/10, p. 35, col.1 (App. Div. 1 Dept.; Friedman, JP, Moskowitz, Renwick, Freedman, Roman, JJ)