Pedestrian Fell Through Sidewalk Grate

June 30, 1995

LVT Number: 9812

Pedestrian sued landlord for negligence after falling through a grate outside landlord's building. The jury ruled that landlord was 100 percent liable. Landlord appealed. The appeals court ruled against landlord. The sidewalk was above landlord's basement. Landlord had a key to the grate to let meter inspectors in. So the sidewalk grate clearly qualified as a special use for landlord who was required to maintain it. Pedestrian proved that landlord was negligent in maintaining the grate and therefore was responsible for the accident.

Pedestrian sued landlord for negligence after falling through a grate outside landlord's building. The jury ruled that landlord was 100 percent liable. Landlord appealed. The appeals court ruled against landlord. The sidewalk was above landlord's basement. Landlord had a key to the grate to let meter inspectors in. So the sidewalk grate clearly qualified as a special use for landlord who was required to maintain it. Pedestrian proved that landlord was negligent in maintaining the grate and therefore was responsible for the accident.

Ferguson v. Mantell: NYLJ, p. 27, col. 1 (6/26/95) (App. Div. 1 Dept.; Ellerin, JP, Wallach, Nardelli, Tom, Mazzarelli, JJ)

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