Liability for Elevator Accident

August 31, 1995

LVT Number: 9954

Tenant sued landlord and elevator company for negligence. The elevator had misleveled, stopping two to five inches above the lobby floor. Tenant was injured when she entered the elevator. The court dismissed the case against the elevator company, and the jury ruled in tenant's favor against landlord. But the court set aside the jury's decision and ruled in landlord's favor because there was no proof of actual or constructive notice to landlord of prior misleveling. Tenant appealed, and the appeals court ruled for tenant and ordered a new trial.

Tenant sued landlord and elevator company for negligence. The elevator had misleveled, stopping two to five inches above the lobby floor. Tenant was injured when she entered the elevator. The court dismissed the case against the elevator company, and the jury ruled in tenant's favor against landlord. But the court set aside the jury's decision and ruled in landlord's favor because there was no proof of actual or constructive notice to landlord of prior misleveling. Tenant appealed, and the appeals court ruled for tenant and ordered a new trial. There was no need for proof of notice to landlord. The misleveling condition speaks for itself, indicating the possibility of negligence. The jury should be so instructed and allowed to decide the issue on that basis.

Lecea v. Plaza 400 Owners Corp.: NYLJ, p. 21, col. 4 (8/4/95) (App. T. 1 Dept.; Parness, JP, Miller, Glen, JJ)

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