Landlord Responsible for Tenant's Injuries After Bathroom Ceiling Fell on Her

Tenant sued landlord for negligence. One day there was a continuous leak in the ceiling of her bathroom and, while trying to catch the water and leaning over the bathtub to remove debris that was clogging the drain, the ceiling collapsed on her. This caused tenant to lose consciousness and suffer other injuries. Tenant asked the court to dismiss landlord's defenses and to rule in her favor without trial. The court ruled for tenant and found that landlord was liable for the accident. Tenant testified that the water problem had been ongoing, that she had been complaining for at least a year and had previously filed an HP action in housing court, and that the ceiling was in complete disrepair with mold growing on it. HPD issued three violations to landlord as a result of the HP proceeding. The accident occurred a month later. The building super admitted he was aware of the problem, which was caused by upstairs tenants who repeatedly let the water run over in their bathroom. One of landlord's dismissed defenses was that the condition was open and obvious. The court noted that, while the ongoing leaks may have been open and obvious, the danger that the ceiling would collapse on the date of the accident was not. 

Kakiashvili v. 593 Riverside Assoc. LLC: Index No. 156377/2022, 2024 NY Slip Op 32741(U)(Sup. Ct. NY; 8/6/24; Sattler, J)