Landlord Not Responsible for Tenant's Slip and Fall During Ice Storm

October 10, 2013

LVT Number: #25065

Tenant sued landlord for negligence after slipping and falling on ice in front of her building. Landlord asked the court to dismiss the case without a trial, claiming that it wasn't responsible. The court ruled against landlord, who appealed and won. A landlord may be held liable for a dangerous condition caused by the accumulation of snow or ice if it had actual or constructive notice and a reasonably sufficient time had lapsed since the storm stopped before landlord took any action. But, in this case, the "storm in progress rule" applied.

Tenant sued landlord for negligence after slipping and falling on ice in front of her building. Landlord asked the court to dismiss the case without a trial, claiming that it wasn't responsible. The court ruled against landlord, who appealed and won. A landlord may be held liable for a dangerous condition caused by the accumulation of snow or ice if it had actual or constructive notice and a reasonably sufficient time had lapsed since the storm stopped before landlord took any action. But, in this case, the "storm in progress rule" applied. Witnesses testified in pretrial questioning that "stickable icy pellets" were falling at the time that tenant fell. And landlord showed that it had no actual or constructive notice of the condition. So landlord wasn't responsible for tenant's accident.

McCurdy v. Kyma Holdings, LLC: 971 NYS2d 137, 2013 NY Slip Op 05802 (App. Div. 2 Dept.; 9/11/13; Dillon, JP, Roman, Miller, Hinds-Radis, JJ)

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