Tenant Tripped Over Neighbor's Hallway Doormat

August 18, 2015

LVT Number: #26328

Tenant sued landlord and neighboring tenant for negligence after she tripped and fell over the neighbor’s hallway doormat. At the time of the accident, the doormat was in front of tenant’s apartment door. Landlord claimed that it wasn’t responsible, but the court denied landlord’s request to dismiss the case against it without a trial. Landlord appealed and lost. There were questions of fact as to whether the doormat was an open and obvious condition, and as to whether landlord breached its common law duty to maintain the area in a reasonably safe condition.

Tenant sued landlord and neighboring tenant for negligence after she tripped and fell over the neighbor’s hallway doormat. At the time of the accident, the doormat was in front of tenant’s apartment door. Landlord claimed that it wasn’t responsible, but the court denied landlord’s request to dismiss the case against it without a trial. Landlord appealed and lost. There were questions of fact as to whether the doormat was an open and obvious condition, and as to whether landlord breached its common law duty to maintain the area in a reasonably safe condition. Landlord was aware the doormats in common hallways were tripping hazards and had informed tenants that they were prohibited and that landlord retained the right to remove them.

 

 

 

Ward v. Ruppert Housing Company, Inc.: 130 A.D.3d 467, 2015 NY Slip Op 05893 (App. Div. 1 Dept.; 7/7/15; Tom, JP, Andrias, Feinman, GIsche, Kapnick, JJ)

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