Tenant Tripped on Crack in Cement Ramp Outside Building

April 30, 2009

LVT Number: #21174

Tenant sued landlord for negligence. Tenant was injured after a trip and fall she said was caused by a crack in a cement ramp sloping down from a rear exit of landlord's building. Landlord asked the court to dismiss the case without a trial, claiming that the crack was too minor to make landlord responsible. The court and appeals court ruled against landlord. Photographs submitted by tenant showed a lengthy irregularity in the cement that could have caught tenant's sandal and caused her to trip. Even a small defect can sometimes create a snare or trap.

Tenant sued landlord for negligence. Tenant was injured after a trip and fall she said was caused by a crack in a cement ramp sloping down from a rear exit of landlord's building. Landlord asked the court to dismiss the case without a trial, claiming that the crack was too minor to make landlord responsible. The court and appeals court ruled against landlord. Photographs submitted by tenant showed a lengthy irregularity in the cement that could have caught tenant's sandal and caused her to trip. Even a small defect can sometimes create a snare or trap. A trial was needed to determine the facts.

Abreu v. NYCHA: NYLJ, 4/6/09, p. 29, col. 4 (App. Div. 1 Dept.; Mazzarelli, JP, Friedman, Moskowitz, Acosta, JJ)

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