Landlord Not Responsible for Tenant's Fall in Bathtub

October 31, 2008

LVT Number: #20795

Tenant sued landlord for negligence after he slipped and fell in his apartment's bathtub. Tenant claimed that standing water in the tub resulted from a recurring clogged drain. This caused the tub to become dangerously slippery. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. There was no evidence to support tenant's claim. And tenant testified that he never complained to the building super that the bathtub was overly slippery.

Tenant sued landlord for negligence after he slipped and fell in his apartment's bathtub. Tenant claimed that standing water in the tub resulted from a recurring clogged drain. This caused the tub to become dangerously slippery. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. There was no evidence to support tenant's claim. And tenant testified that he never complained to the building super that the bathtub was overly slippery.

Beltre v. The Heights Management Company, LLC: NYLJ, 10/14/08, p. 25, col. 2 (App. Div. 1 Dept.; Andrias, JP, Nardelli, McGuire, Moskowitz, Renwick, JJ)

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