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

Tenant sued landlord for negligence after she fell on a loose or detached stair while walking down a six-floor staircase in her apartment building. Tenant stated that she felt her right foot lean forward and the back of the step lift up, causing her body to slide backward on her back. Tenant slid from the third step to the landing on the fifth floor, suffering physical injuries including a sprained ankle. Landlord's super stated that he'd never received a complaint from any tenant about the step. The court denied landlord's request to dismiss the case without a trial. While there was no proof that landlord or its employees created the defect, landlord hadn't established that it didn't have actual or constructive knowledge of the defect. The super had testified at a deposition that he had to repair the specific stair sometime in the summer of that same year. And while the super also stated that he or another employee inspected the staircases daily, he also explained that he didn't know when the last time was that either of them walked up or down the steps of the building before tenant's accident.  

Whitehurst v. 860 Riv. LLC: Index No. 452214/2022, 2024 NY Slip Op 32432(U)(Sup. Ct. NY; 7/11/24; Ramseur, J)