Tenant Claims Landlord Responsible for Slip and Fall

October 10, 2012

LVT Number: #24366

Tenant sued landlord for negligence after she slipped and fell on ice while going down the exterior stairs of her building. She claimed that landlord failed to put rock salt on the steps after the area was cleared of snow. Landlord claimed that snow was still falling when tenant fell, so he wasn't responsible. Landlord submitted a sworn statement from a meteorologist in support of his claim and asked the court to dismiss the case without a trial. The court ruled against landlord. A trial was needed to determine the facts.

Tenant sued landlord for negligence after she slipped and fell on ice while going down the exterior stairs of her building. She claimed that landlord failed to put rock salt on the steps after the area was cleared of snow. Landlord claimed that snow was still falling when tenant fell, so he wasn't responsible. Landlord submitted a sworn statement from a meteorologist in support of his claim and asked the court to dismiss the case without a trial. The court ruled against landlord. A trial was needed to determine the facts. There was a question as to whether the storm was ongoing at the time of the accident. And there was a question as to whether landlord's contractor caused and created a dangerous icy condition through improper snow removal.

Jefferson v. Long: Index No. 388/2010, NYLJ No. 1202571735437 (Sup. Ct. Kings; 8/31/12; Schmidt, J)

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