Landlord Not Responsible for Tenant's Fall in Bathtub

May 31, 2011

LVT Number: #23404

Tenant sued landlord NYCHA for negligence. Tenant claimed that while trying to enter the bathtub, she lost her balance and fell into the tub when a grab handle affixed to the side of the tub broke off as she took hold of it. Tenant claimed that Medicaid had installed the handle eight years earlier, but that landlord or its asbestos abatement contractor removed it during building renovation work. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost.

Tenant sued landlord NYCHA for negligence. Tenant claimed that while trying to enter the bathtub, she lost her balance and fell into the tub when a grab handle affixed to the side of the tub broke off as she took hold of it. Tenant claimed that Medicaid had installed the handle eight years earlier, but that landlord or its asbestos abatement contractor removed it during building renovation work. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. Landlord and its contractor showed that they hadn't removed, altered, or reinstalled the handle. Landlord also had no notice of any dangerous or defective condition with the handle. Tenant's claim was based on speculation and unsupported by any facts.

Beckford v. NYCHA: NYLJ, 5/5/11, p. 30, col. 1 (App. Div. 1 Dept.; Saxe, JP, Friedman, Freedman, Richter, JJ)

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