Tenant Didn't Prove Smoke Detector Wasn't Working

November 1, 2003

LVT Number: 16914

Tenant sued landlord for negligence. She was injured in a fire in the apartment and claimed that there was no working smoke detector in the apartment. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. Landlord's building super submitted a sworn statement that he installed a smoke detector before tenant moved in. Tenant submitted no proof to the contrary. Landlord wasn't responsible for maintaining or replacing the smoke detector after tenant moved into the apartment.

Tenant sued landlord for negligence. She was injured in a fire in the apartment and claimed that there was no working smoke detector in the apartment. Landlord asked the court to dismiss the case without a trial. The court ruled for landlord. Tenant appealed and lost. Landlord's building super submitted a sworn statement that he installed a smoke detector before tenant moved in. Tenant submitted no proof to the contrary. Landlord wasn't responsible for maintaining or replacing the smoke detector after tenant moved into the apartment.

Fairclough v. 679 Magenta LLC: NYLJ, 10/23/03, p. 25, col. 2 (App. Div. 1 Dept.; Tom, JP, Rosenberger, Lerner, Marlow, JJ)

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