Tenant Slipped and Fell in Rainwater in Basement

December 1, 2003

LVT Number: 16984

Tenant sued landlord for negligence after she slipped and fell in a puddle of rainwater in the building's basement. Landlord asked the court to dismiss the case. The court ruled for landlord. Tenant appealed and won. After tenant fell, she saw rainwater entering the basement passageway through a window. The window was open despite a building policy that required landlord's employees to close all windows during heavy rain. There was a question of fact as to whether landlord knew that this was a repeated dangerous condition in the building.

Tenant sued landlord for negligence after she slipped and fell in a puddle of rainwater in the building's basement. Landlord asked the court to dismiss the case. The court ruled for landlord. Tenant appealed and won. After tenant fell, she saw rainwater entering the basement passageway through a window. The window was open despite a building policy that required landlord's employees to close all windows during heavy rain. There was a question of fact as to whether landlord knew that this was a repeated dangerous condition in the building. If so, landlord would be responsible for tenant's injury.

Fielding v. Rachlin Mgmt. Corp.: NYLJ, 11/3/03, p. 33, col. 3 (App. Div. 2 Dept.; Santucci, JP, Krausman, Schmidt, Rivera, JJ)

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