Tenant Injured During Construction

Seventeen-year old tenant sued landlord and its construction manager for damages when she was seriously injured in the eighth-floor hallway of her apartment building. Tenant was sitting on a low windowsill in the hallway when three door panels, stored in the hallway during ongoing construction, collapsed on her leg. Landlord and the construction manager asked the court to dismiss the case, claiming that they weren't responsible for tenant's injuries. The court ruled against landlord and the manager. Although landlord wasn't directly involved in the actual construction, it had a duty of care toward tenant and there were questions as to whether landlord had notice of the stored panels before the accident and whether it could have remedied the situation. The construction manager had a supervisory role over the construction, so his liability was also in question.

Raccah v. Barbizon Hotel Associates LP: Index No. 106287/08, NYLJ 1202472613549 (Sup. Ct. NY; Wooten, J; 9/15/10)