Landlord Not Responsible for Tenant's Fall Down Staircase

June 24, 2017

LVT Number: #27729

Tenant sued her former landlord after she fell down an interior staircase in the two-story two-family house and was injured. The trial court ruled against tenant and dismissed the case. Tenant appealed and lost. The trial court reasonably found that landlord wasn't negligent. It also reasonably precluded tenant's expert from testifying that the staircase violated the Building Code, since tenant couldn't show when the staircase was built and which Building Code therefore applied.

Tenant sued her former landlord after she fell down an interior staircase in the two-story two-family house and was injured. The trial court ruled against tenant and dismissed the case. Tenant appealed and lost. The trial court reasonably found that landlord wasn't negligent. It also reasonably precluded tenant's expert from testifying that the staircase violated the Building Code, since tenant couldn't show when the staircase was built and which Building Code therefore applied.

Williams v. Perez: 2017 NY Slip Op 04319, 2017 WL 2346469 (App. Div. 2 Dept.; 5/31/17; Dillon, JP, Cohen, Maltese, Duffy, JJ)

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