Tenant Can Seek Punitive Damages in Slip-and-Fall Case

June 17, 2016

LVT Number: #27024

Tenant sued landlord for negligence after slipping and falling on kitty litter she claimed was left on the building’s interior staircase. Tenant claimed that she was forced to use the stairs due to a continuing elevator outage at the building. After filing the court complaint, tenant asked for permission to amend her claim to include a claim for punitive damages. The court ruled for tenant. Landlord appealed and lost. Tenant was entitled to add a claim for punitive damages. There was no prejudice or surprise to landlord.

Tenant sued landlord for negligence after slipping and falling on kitty litter she claimed was left on the building’s interior staircase. Tenant claimed that she was forced to use the stairs due to a continuing elevator outage at the building. After filing the court complaint, tenant asked for permission to amend her claim to include a claim for punitive damages. The court ruled for tenant. Landlord appealed and lost. Tenant was entitled to add a claim for punitive damages. There was no prejudice or surprise to landlord. Tenant’s request to amend her claim was made before the case was set down for trial and after pretrial questioning was conducted. 

 

 

 
Edwards v. 1234 Pacific Management, LLC: 2016 NY Slip Op 03464, 2016 WL 2338527 (App. Div. 2 Dept.; 5/4/16; Leventhal, JP, DIckerson, Cohen, Hinds-Radix, JJ)

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