Tenant Struck on Head by Unhinged Bathroom Door

April 1, 1998

LVT Number: 12223

Tenant's mother sued landlord for negligence after she was struck on the head by an unhinged bathroom door. The court ruled against tenant's mother without a trial and dismissed the complaint. Tenant's mother appealed. The door had become unhinged six months earlier. Landlord was notified but hadn't made repairs. Tenant had propped the door up against the wall inside the bathroom. Tenant's mother moved the door into the door frame to have privacy while she used the bathroom. The appeals court ruled for tenant's mother and sent the case back for trial.

Tenant's mother sued landlord for negligence after she was struck on the head by an unhinged bathroom door. The court ruled against tenant's mother without a trial and dismissed the complaint. Tenant's mother appealed. The door had become unhinged six months earlier. Landlord was notified but hadn't made repairs. Tenant had propped the door up against the wall inside the bathroom. Tenant's mother moved the door into the door frame to have privacy while she used the bathroom. The appeals court ruled for tenant's mother and sent the case back for trial. It was foreseeable that someone would move the unhinged door under the circumstances. A trial was needed to determine what actually happened.

Murray v. NYCHA: NYLJ, p. 27, col. 4 (3/23/98) (App. T. 1 Dept.; Parness, PJ, McCooe, Freedman, JJ)

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