Tenant Slipped and Fell on Wet Leaves

July 31, 2005

LVT Number: 18242

Tenant sued landlord for negligence after she slipped and fell on wet leaves outside her building. She had seen the pile of leaves, made wet by rain, when she left the building. The pile was still there a short time later when she returned. She slipped and fell when she walked through them. Landlord asked the court to dismiss the case without a trial. Landlord claimed that its super checked the area and removed debris and leaves from the sidewalks and lawns twice a day during the autumn. The court ruled for landlord and dismissed the case.

Tenant sued landlord for negligence after she slipped and fell on wet leaves outside her building. She had seen the pile of leaves, made wet by rain, when she left the building. The pile was still there a short time later when she returned. She slipped and fell when she walked through them. Landlord asked the court to dismiss the case without a trial. Landlord claimed that its super checked the area and removed debris and leaves from the sidewalks and lawns twice a day during the autumn. The court ruled for landlord and dismissed the case. Landlords have no liability for injury from wet leaves on a sidewalk that's otherwise free from defects. And the leaves were stacked in a pile that tenant voluntarily stepped through. The condition wasn't inherently dangerous.

Misir v. Beach Haven Apt. No. 1, Inc.: NYLJ, 7/28/05, p. 19, col. 1 (Sup. Ct. Kings; Kramer, J)

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