Slip and Fall on Staircase

May 31, 2004

LVT Number: 17345

Tenant sued landlord for negligence. Tenant slipped on a ''wet paint'' sign on the building staircase and lost her balance. When she reached forward to grab for the banister, it was too low for her to grab, and she fell. Landlord asked the court to dismiss the case. The court ruled against landlord. Landlord appealed and lost. Tenant submitted a statement from an engineer who claimed that the low banister was dangerous and violated the building code. So a trial was needed to determine the facts.

Tenant sued landlord for negligence. Tenant slipped on a ''wet paint'' sign on the building staircase and lost her balance. When she reached forward to grab for the banister, it was too low for her to grab, and she fell. Landlord asked the court to dismiss the case. The court ruled against landlord. Landlord appealed and lost. Tenant submitted a statement from an engineer who claimed that the low banister was dangerous and violated the building code. So a trial was needed to determine the facts.

Cruz v. Lormet Hous. Dev. Fund Corp.: NYLJ, 5/28/04, p. 32, col. 1 (App. Div. 2 Dept.; Santucci, JP, Fiorio, Schmidt, Rivera, JJ)

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