Tenant Claims Smoke Detector Wasn't Working at Time of Fire

April 30, 2011

LVT Number: #23372

Tenant sued landlord for negligence after a fire in her apartment. Tenant claimed that an inoperable smoke detector was the cause of injuries to her child because she would have otherwise discovered the fire sooner. Landlord asked the court to dismiss the case without a trial. The court and appeals court ruled against landlord. Landlord's property manager and the building super both stated that a new working smoke detector was installed in the apartment before tenant moved in.

Tenant sued landlord for negligence after a fire in her apartment. Tenant claimed that an inoperable smoke detector was the cause of injuries to her child because she would have otherwise discovered the fire sooner. Landlord asked the court to dismiss the case without a trial. The court and appeals court ruled against landlord. Landlord's property manager and the building super both stated that a new working smoke detector was installed in the apartment before tenant moved in. But tenant questioned whether it worked at the time of installation because, she claimed, it never worked while she lived in the apartment. A trial was needed to determine the facts.

Carter v. Grenadier Realty: 2011 NY Slip Op 22828, 2011 WL 1332189 (App. Div. 2 Dept.; 4/5/11; Covello, JP, Angiolillo, Dickerson, Roman, JJ)

Topics

More like this