Tenant Claims Landlord Responsible for Slip and Fall

Tenant sued landlord after she slipped and fell going down the stairs in her apartment building. Landlord claimed that it wasn't responsible for tenant's injuries and asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed, and the case was reopened. A trial was needed to determine whether the mere presence of a worker with a mop and bucket in the hallway outside the stairwell created a sufficient warning to others, without further duty by landlord to warn, that the staircase had just been mopped and that the stairs were wet. While some hazards are technically visible, their nature or location may make them likely to be overlooked. In this case, there was a question as to whether the condition was open and obvious. There were no warning cones placed in the hallway, and tenant claimed that she didn't smell any floor cleaner.

Soto v. 2780 Realty Co., LLC: 114 A.D.3d 503, 2014 NY Slip Op 00951 (App. Div. 1 Dept.; 2/13/14; Acosta, JP, Andrias, Saxe, Freedman, Feinman, JJ)