Is Landlord Responsible for Ceiling Collapse that Injured Tenant?

A subtenant sued landlord for negligence after sustaining personal injuries when a portion of the bathroom ceiling in her apartment collapsed on her.  During a period of at least six months, the subtenant had repeatedly observed the ceiling was leaking and repeatedly notified the building super of the leaks, resulting mold, and bubbling paint. Subtenant also called 311 to report the condition, and a violation was placed by HPD. The landlord's building super had made some repair attempts to address the condition. Tenant asked the court to rule without a trial that: (a) landlord was liable for her injuries; (b) she was free from any comparative negligence claim; (c) she did not assume any risk; (d) the condition in the ceiling was not open and obvious; and (e) landlord's defenses should be dismissed.

The court ruled for subtenant in part. Landlord had a duty to maintain the apartment and had repeated actual notice of the bathroom ceiling leak. There was no proof that subtenant contributed to her own accident.  Landlord cannot claim that subtenant assumed the risk of the accident simply by residing in the apartment when the accident occurred. There may have been some cause by an upstairs tenant since the leak appeared to come from that unit. There remained questions as to whether landlord made reasonable repair efforts.

Williams v. 593 Riverside Assoc., LLC: Index No. 161014/2021, 2024 NY Slip Op 32456 (Sup. Ct. NY; 7/16/24; Kraus, J)