Is Landlord Responsible for Bathroom Ceiling Collapse and Tenant's Injuries?

Tenant sued landlord building owner, as well as the building's management company, claiming that she suffered personal injuries caused by a water leak in her apartment bathroom in September 2018. Tenant claimed that a leak caused the bathroom ceiling to collapse, that debris from the ceiling then struck her, and she was caused to fall. She also slipped on water that had leaked from the bathroom ceiling and was hospitalized as a result of her claimed injuries. The bathroom ceiling further collapsed while she was in the hospital. The water leak was caused by a broken piped, discovered after the accident. Before the accident, tenant had reported bubbling paint and leaking water in the bathroom to the landlord. Tenant claimed that further water leakage occurred every few months through March 2018. Landlord asked the court to dismiss the case. Tenant in turn asked the court to rule in her favor without a trial.

The court ruled against both parties. There were material issues of fact that required a trial. And, although the management company claimed that it wasn't involved with building management, it presented no proof.

Barnhart v. 24/25 Hillside Assoc. LLC: Index No. 159092/2019, 2023 NY Slip Op 31588(U)(Sup. Ct. NY; 5/11/23; Sattler, J)