Landlord Not Responsible for Tenant's Slip-and-Fall on Lobby Step

June 24, 2019

LVT Number: #30205

Tenant sued landlord NYCHA for damages based on injuries suffered in a slip-and-fall accident in the building stairway. Tenant slipped on urine on the stairs. Landlord asked the court to dismiss the case, claiming that it had no notice of the condition. The court ruled for landlord. Tenant appealed and lost. Landlord wasn't given actual notice of urine on the lobby steps even though tenants had landlord's phone number for reporting any conditions. No complaints were made about the condition of the stairs before tenant fell, and there were no prior accidents in that area.

Tenant sued landlord NYCHA for damages based on injuries suffered in a slip-and-fall accident in the building stairway. Tenant slipped on urine on the stairs. Landlord asked the court to dismiss the case, claiming that it had no notice of the condition. The court ruled for landlord. Tenant appealed and lost. Landlord wasn't given actual notice of urine on the lobby steps even though tenants had landlord's phone number for reporting any conditions. No complaints were made about the condition of the stairs before tenant fell, and there were no prior accidents in that area. The building's caretaker also testified that she received no complaints before the accident. The caretaker also testified that she had inspected the accident location twice and cleaned the area at least once on the day that tenant fell.

Frederick v. NYCHA: Index No. 9346 - 20484/14E, 2019 NY Slip Op 03906 (App. Div. 1 Dept.; 5/21/19; Acosta, PJ, Richter, Manzanet-Daniels, Webber, Kern, JJ)

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