Tenant Trips Over Cement Bag in Building Lobby

February 8, 2013

LVT Number: #24607

Tenant sued landlord for negligence after she tripped, while carrying an infant, over a cement bag that was used to prop open the vestibule door in the building's lobby. Landlord claimed that it wasn't responsible because this was an open and obvious condition and not inherently dangerous. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, who appealed and lost. Tenant claimed that the cement bag was brown or tan colored, about 7 inches high, 16 inches wide, and covered in gray dust.

Tenant sued landlord for negligence after she tripped, while carrying an infant, over a cement bag that was used to prop open the vestibule door in the building's lobby. Landlord claimed that it wasn't responsible because this was an open and obvious condition and not inherently dangerous. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, who appealed and lost. Tenant claimed that the cement bag was brown or tan colored, about 7 inches high, 16 inches wide, and covered in gray dust. The surrounding floor tiles were brown, gray, and black. There was a genuine question of fact as to whether the cement bag created an open and obvious condition. This required a trial.

Cafarella v. 2180 Realty Corp.: 2013 NY Slip Op 00007, 2013 WL 28294 (App. Div. 1 Dept.; 1/3/13; Gonzalez, PJ, Friedman, Saxe, Richter, Abdus-Salaam, JJ)

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