No Proof Landlord Knew About Wet Stair

December 1, 2004

LVT Number: 17731

Tenant injured herself after slipping and falling on a wet stair inside landlord's building. She sued landlord for negligence, claiming that it should be held liable for her injuries because it had failed to clean up the stair, which became wet during a rainfall. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and won. There was no proof of how long the stair had been wet. So tenant couldn't prove that landlord knew or should have known about the condition.

Tenant injured herself after slipping and falling on a wet stair inside landlord's building. She sued landlord for negligence, claiming that it should be held liable for her injuries because it had failed to clean up the stair, which became wet during a rainfall. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and won. There was no proof of how long the stair had been wet. So tenant couldn't prove that landlord knew or should have known about the condition.

Gonzalez v. Jenel Mgmt. Corp.: NYLJ, 11/1/04, p. 34, col. 1 (App. Div. 2 Dept.; Smith, JP, Skelos, Fisher, Lifson, JJ)

Topics

More like this