Tenant Slipped on Urine in Stairwell

November 1, 1996

LVT Number: 10987

Facts: Tenant left 10th floor apartment at 5:00 a.m. after a holiday dinner to visit a friend on the ninth floor. Tenant took the stairs rather than the elevator and observed urine in the stairwell. On the way back up the stairs, tenant slipped and broke his jaw. Tenant sued landlord for negligence, claiming that urine in the stairwells was a frequent condition. So landlord knew or should have known that the condition existed that morning and was negligent for not correcting it. Court: Tenant loses. The court set aside a jury's ruling in tenant's favor.

Facts: Tenant left 10th floor apartment at 5:00 a.m. after a holiday dinner to visit a friend on the ninth floor. Tenant took the stairs rather than the elevator and observed urine in the stairwell. On the way back up the stairs, tenant slipped and broke his jaw. Tenant sued landlord for negligence, claiming that urine in the stairwells was a frequent condition. So landlord knew or should have known that the condition existed that morning and was negligent for not correcting it. Court: Tenant loses. The court set aside a jury's ruling in tenant's favor. Tenant didn't show that landlord had sufficient time to correct the condition that tenant claimed caused his fall. Landlord showed that the superintendent maintained a regular cleaning schedule. Landlord can't be expected to mop the stairwells on a 24-hour basis.

Jackson v. NYC Housing Authority: NYLJ, p. 29, col. 1 (10/17/96) (Civ. Ct. Bronx; Suarez, J)

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