Protruding Wire Not Dangerous Condition

February 1, 2006

LVT Number: 18617

Tenant sued landlord for negligence. She claimed that when she rested her foot on a baseboard radiator, she cut her toe on a small piece of protruding wire. She further claimed that this resulted in the amputation of her leg below the knee. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. The protruding wire wasn't a dangerous condition. So landlord couldn't be held responsible for tenant's injuries.

Tenant sued landlord for negligence. She claimed that when she rested her foot on a baseboard radiator, she cut her toe on a small piece of protruding wire. She further claimed that this resulted in the amputation of her leg below the knee. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. The protruding wire wasn't a dangerous condition. So landlord couldn't be held responsible for tenant's injuries.

Spalding v. Toomer: NYLJ, 1/12/06, p. 29, col. 2 (App. Div. 1 Dept.; Mazzarelli, JP, Andrias, Sullivan, Williams, Malone, JJ)

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