No Proof Defective Steps Caused Tenant's Fall

January 1, 2006

LVT Number: 18558

Tenant was injured when she fell on the steps leading out of landlord's building. Tenant sued landlord for negligence. Landlord asked the court to dismiss the case after a jury trial. The court ruled for landlord. Tenant appealed and lost. Although the jury found landlord negligent in its maintenance of the steps, it also found that the negligence wasn't the cause of tenant's fall. Tenant didn't know what caused her fall, and it was possible that the defective steps weren't the cause. Among other things, tenant argued that there was no handrail.

Tenant was injured when she fell on the steps leading out of landlord's building. Tenant sued landlord for negligence. Landlord asked the court to dismiss the case after a jury trial. The court ruled for landlord. Tenant appealed and lost. Although the jury found landlord negligent in its maintenance of the steps, it also found that the negligence wasn't the cause of tenant's fall. Tenant didn't know what caused her fall, and it was possible that the defective steps weren't the cause. Among other things, tenant argued that there was no handrail. But landlord wasn't required to have handrails, and there was no showing that this was the reason tenant was injured.

Vichnevskaia v. 200 W. 86th Apartment Corp.: NYLJ, 12/1/05, p. 29, col. 2 (App. Div. 1 Dept.; Friedman, JP, Sullivan, Nardelli, Williams, Sweeny, JJ)

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