Pedestrian Tripped Over Raised Sidewalk Flag

January 10, 2012

LVT Number: #23808

Pedestrian sued landlord and Guiding Eyes for the Blind, Inc. for negligence after she tripped and broke her hip after falling on the sidewalk in front of landlord's building. Pedestrian was visually impaired and was being evaluated for a seeing-eye dog during a simulated exercise. Landlord asked the court to dismiss the case. The court ruled against landlord. The pedestrian claimed that she tripped on a raised sidewalk flag leading to landlord's building. Landlord argued that the pedestrian didn't know the cause of her accident.

Pedestrian sued landlord and Guiding Eyes for the Blind, Inc. for negligence after she tripped and broke her hip after falling on the sidewalk in front of landlord's building. Pedestrian was visually impaired and was being evaluated for a seeing-eye dog during a simulated exercise. Landlord asked the court to dismiss the case. The court ruled against landlord. The pedestrian claimed that she tripped on a raised sidewalk flag leading to landlord's building. Landlord argued that the pedestrian didn't know the cause of her accident. But she repeatedly stated that her toes made contact with a raised area. And landlord submitted no proof to support its claim.

Clark v. Jay Realty Corp.: Index No. 104820/2009, NYLJ No. 1202535247649 (Sup. Ct. NY; 11/23/11; Friedman, J)

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