Is Landlord Responsible for Tenant's Slip and Fall on Wet Grate Outside Building?

August 29, 2023

LVT Number: #32750

Tenant sued landlord after she slipped and fell when she stepped on a wet grate next to the building entrance. After pretrial questioning, landlord asked the court to dismiss the case without a trial. The court ruled against landlord. There was no dispute that landlord created the condition and had notice of the condition. Landlord argued that the slippery grate wasn't an actionable dangerous condition. But landlord's employee had stated that a yellow "wet floor" sign typically was placed in the area after hosing it.

Tenant sued landlord after she slipped and fell when she stepped on a wet grate next to the building entrance. After pretrial questioning, landlord asked the court to dismiss the case without a trial. The court ruled against landlord. There was no dispute that landlord created the condition and had notice of the condition. Landlord argued that the slippery grate wasn't an actionable dangerous condition. But landlord's employee had stated that a yellow "wet floor" sign typically was placed in the area after hosing it. And, while landlord didn't have a duty to warn of open and obvious conditions, whether landlord was responsible in this kind of case usually involved questions of fact that couldn't be resolved without a trial.

Yellin v. Toulaine Owners Corp.: Index No. 152560/2020, 2023 NY Slip Op 32237(U)(Sup. Ct. NY; 7/5/23; Goetz, J)

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