Is Landlord Responsible for Tenant's Slip-and-Fall on Building Staircase?

Tenant sued landlord for negligence after he slipped and fell on a staircase in his apartment building. Landlord claimed that it wasn't responsible for any injury to tenant and that tenant also had "comparative fault." Tenant asked the court to rule in his favor without a trial and to dismiss landlord's defenses.

The court ruled for tenant in part. Since landlord failed to offer any documentary proof that tenant was potentially at fault for the accident, the court struck landlord's comparative fault defense. But the court otherwise denied tenant's request for a ruling without a trial. There were conflicting testimonies of two experts, including on the issue of whether two handrails were required on the staircase. There were also questions as to whether landlord created the dangerous condition that proximately caused tenant's slip-and-fall. Tenant and the building super also offered conflicting testimony as to whether there were wet floor signs put up and, if so, whether their placement was adequate. Tenant had slipped and fallen while walking down the stairs one afternoon and seriously injured his right knee. Tenant claimed that when he felt his right foot slip forward, he reached out with his right hand to grab a handrail and there was none. He then fell backward, down seven steps. He also said he looked back as that was happening in the poorly lit staircase and saw what appeared to be wet strips of fluid-like substance left from a mop, his clothes became wet, and he smelled a citrus-cleaned floor. 

McCants v. Riverside Group LLC: Index No. 151206/2020, 2024 NY Slip Op 32420(U)(Sup. Ct. NY; 7/15/24; d'Auguste, J)