Landlord Not Responsible for Wet Condition of Staircase

September 18, 2018

LVT Number: #28618

Pedestrian sued landlord NYCHA after she slipped and fell on urine in a staircase located on the property. Landlord asked the court to dismiss the case because it didn't have notice of the claimed condition. The court ruled for landlord. Pedestrian appealed and lost. Landlord's caretaker stated that he inspected the staircase twice each day and mopped up any wet or slippery condition found. He also completed a checklist of his daily inspection findings.

Pedestrian sued landlord NYCHA after she slipped and fell on urine in a staircase located on the property. Landlord asked the court to dismiss the case because it didn't have notice of the claimed condition. The court ruled for landlord. Pedestrian appealed and lost. Landlord's caretaker stated that he inspected the staircase twice each day and mopped up any wet or slippery condition found. He also completed a checklist of his daily inspection findings. On the day before pedestrian fell, the caretaker found no wet areas in the staircase and no one had complained about urine in the stairwell. 

Canteen v. NYCHA: 2018 NY Slip Op 05733 (App. Div. 1 Dept.; 8/9/18; Richter, JP, Andrias, Webber, Gesmer, Moulton, JJ)

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