Tenant Fell from Paint Bucket Used as Step Stool

December 16, 2013

LVT Number: #25213

Tenant sued landlord for damages after she was injured in her apartment. Tenant fell after a paint bucket she was using as a step stool tilted over. Tenant claimed that this was caused by an uneven condition of her apartment floor. Landlord claimed that it wasn't responsible. The court granted landlord's request to dismiss the case without a trial. Tenant appealed and lost. Tenant's act of using the paint bucket as a step stool wasn't foreseeable by landlord and broke any chain of causation by the uneven floor.

Tenant sued landlord for damages after she was injured in her apartment. Tenant fell after a paint bucket she was using as a step stool tilted over. Tenant claimed that this was caused by an uneven condition of her apartment floor. Landlord claimed that it wasn't responsible. The court granted landlord's request to dismiss the case without a trial. Tenant appealed and lost. Tenant's act of using the paint bucket as a step stool wasn't foreseeable by landlord and broke any chain of causation by the uneven floor.

Torres v. 1420 Realty, LLC: 111 A.D.3d 434, 2013 NY Slip Op 07408 (App. Div. 1 Dept.; 11/12/13; Tom, JP, Andrias, Friedman, Freedman, Clark, JJ)

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