Landlord Not Responsible for Trip and Fall from Elevator

May 31, 2011

LVT Number: #23412

Tenant was injured when she tripped and fell while exiting an elevator that she claimed had misleveled in landlord's building. Tenant sued landlord and its elevator contractor, who asked the court to dismiss the case without a trial. The court ruled against them. Landlord appealed and won. A landlord may be liable for elevator malfunctions or defects that cause injuries to those using them. But landlord had no notice of any elevator defect. The elevator company had done major repairs a few months before the accident, and the elevator passed DOB inspection about a week before the accident.

Tenant was injured when she tripped and fell while exiting an elevator that she claimed had misleveled in landlord's building. Tenant sued landlord and its elevator contractor, who asked the court to dismiss the case without a trial. The court ruled against them. Landlord appealed and won. A landlord may be liable for elevator malfunctions or defects that cause injuries to those using them. But landlord had no notice of any elevator defect. The elevator company had done major repairs a few months before the accident, and the elevator passed DOB inspection about a week before the accident. The elevator contractor stated in pretrial questioning that he never saw any misleveling condition during monthly maintenance, and was aware of no complaints. There was no proof of a prior problem with elevator leveling.

Isaac v. 1515 Macombs, LLC: NYLJ, 5/9/11, p. 19, col. 2 (App. Div. 1 Dept.; Andrias, JP, Friedman, Catterson, Moskowitz, Romn, JJ)

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