Tenant Claims Inadequate Lighting Led to Fall

June 30, 2006

LVT Number: 18945

Tenant of second-floor apartment sued landlord after she fell while going down the porch stairs. Tenant claimed that her fall was caused by inadequate lighting. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. In pretrial questioning, tenant said that the motion sensor light on the porch wasn't working when she fell. But tenant admitted that she never told landlord about the lighting defect before her accident. Landlord claimed that the light worked earlier on the night of the accident and on the next night.

Tenant of second-floor apartment sued landlord after she fell while going down the porch stairs. Tenant claimed that her fall was caused by inadequate lighting. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. In pretrial questioning, tenant said that the motion sensor light on the porch wasn't working when she fell. But tenant admitted that she never told landlord about the lighting defect before her accident. Landlord claimed that the light worked earlier on the night of the accident and on the next night.

Woodward v. Mendez: NYLJ, 6/26/06, p. 37, col. 3 (App. Div. 2 Dept.; Santucci, JP, Spolzino, Lifson, Covello, JJ)

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