Tenant Slipped and Fell on Rain Water Tracked into Building

March 1, 2005

LVT Number: 17916

Tenant sued landlord for negligence after she slipped and fell on rain water tracked into the building. Landlord claimed that it wasn't responsible, and asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and won. Landlord showed that it took reasonable steps to remedy wet conditions at the building when the conditions were discovered. Landlord also showed that it had no actual notice of the particular accumulation of water that tenant slipped and fell on.

Tenant sued landlord for negligence after she slipped and fell on rain water tracked into the building. Landlord claimed that it wasn't responsible, and asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and won. Landlord showed that it took reasonable steps to remedy wet conditions at the building when the conditions were discovered. Landlord also showed that it had no actual notice of the particular accumulation of water that tenant slipped and fell on. And there was no proof that this water was there for enough time that landlord should have discovered it and remedied the condition.

Murphy v. Lawrence Towers Apts., LLC: NYLJ, 2/14/05, p. 32, col. 2 (App. Div. 2 Dept.; Krausman, JP, Mastro, Spolzino, Fisher, JJ)

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