Tenant Claimed Sidewalk Defective

Tenant sued landlord for negligence after she slipped and fell on the sidewalk in front of landlord's building complex. Tenant claimed that landlord didn't make timely, adequate, and proper repairs to the sidewalk. The sidewalk had been fixed several years earlier, but had deteriorated into a sandy, powdery substance. Landlord claimed that the injury wasn't caused by the sidewalk condition. Landlord argued that the accident happened when tenant's dog started barking at a neighbor's dog, pulled the leash tenant was holding, and caused tenant to fall. The trial court ruled for tenant. The court found that landlord negligently maintained the sidewalk where the accident occurred. Landlord was found 87.5 percent responsible; tenant was 12.5 percent responsible. Tenant appealed, claiming that landlord was totally responsible for her injury. Tenant claimed that the court should have considered whether landlord had negligently installed the sidewalk. The court ruled against tenant. Whether based on improper installation or negligent maintenance, the trial court's apportionment of liability would most likely have been the same. Tenant didn't show any proof that the result would have been any different.

Hatzis v. Queens Gardens Co.: NYLJ, p. 28, col. 4 (2/14/94) (App. Div. 2 Dept.; Thompson, JP, O'Brien, Ritter, Altman, JJ)