Landlord Responsible for Tenant's Injuries After Slip-and-Fall on Wet Floors

March 27, 2024

LVT Number: #33139

Tenant sued landlord for negligence after a slip-and-fall in landlord's apartment building. After pre-trial questioning, tenant asked the court to rule in her favor without a trial. Tenant claimed that landlord had created a hazardous condition by mopping the floor while failing to provide warning that it was doing so. The court ruled for tenant. Tenant showed that landlord breached its duty to tenant by either creating a dangerous condition or, because it had actual or constructive notice of the condition, failing to remedy the situation.

Tenant sued landlord for negligence after a slip-and-fall in landlord's apartment building. After pre-trial questioning, tenant asked the court to rule in her favor without a trial. Tenant claimed that landlord had created a hazardous condition by mopping the floor while failing to provide warning that it was doing so. The court ruled for tenant. Tenant showed that landlord breached its duty to tenant by either creating a dangerous condition or, because it had actual or constructive notice of the condition, failing to remedy the situation. Landlord had a duty to maintain the safety of the building's common areas, and created the slippery condition of the floors. 

Mszanski v. Pierre Congress Apts. LLC: Index No. 159697/2020, 2024 NY Slip Op 30399(U)(Sup. Ct. NY; 2/5/24; Goetz, J)

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