Landlord Not Responsible for Tenant's Fall in Staircase

February 13, 2018

LVT Number: #28190

Tenant sued landlord for negligence after slipping on the building's stairway during the ongoing power blackout that resulted from Hurricane Sandy. The court granted landlord's request to dismiss the case without a trial. Tenant appealed and lost. Nothing showed that landlord encouraged tenants to use the unlighted stairs in any way. Tenant claimed that landlord voluntarily assumed a duty of care by taking affirmative acts to alleviate the hazardous condition, and that tenant relied on landlord's acts to his detriment.

Tenant sued landlord for negligence after slipping on the building's stairway during the ongoing power blackout that resulted from Hurricane Sandy. The court granted landlord's request to dismiss the case without a trial. Tenant appealed and lost. Nothing showed that landlord encouraged tenants to use the unlighted stairs in any way. Tenant claimed that landlord voluntarily assumed a duty of care by taking affirmative acts to alleviate the hazardous condition, and that tenant relied on landlord's acts to his detriment. But tenant didn't prove that he relied on actions taken by landlord when he decided to use the stairs to leave the building.

Palionis v. Jakobson Properties LLC: 66 NYS3d 881, 2018 NY Slip Op 00389 (App. Div. 1 Dept.; 1/23/18; Sweeny, JP, RIchter, Andrias, Webber, Oing, JJ)

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