Tenant's Aide Injured by Fall on Broken Linoleum

Tenant's health aide tripped on broken kitchen floor linoleum in tenant's apartment. She sued landlord for negligence, claiming that she fell and sustained injuries to her back, head, and knee. Landlord claimed that it didn't know about the condition. But another health aide testified that the floor was defective and dangerous. The injured aide testified that she reported the defects about four years before the accident, that the building super had done some repairs, but that the work was inadequate. She said that her range of motion was limited after the accident and that she had periodic headaches and resulting knee problems that required surgery. She also said that she received medical treatment for depression she suffered after she was injured. The jury ruled for tenant's health aide and awarded her $1.25 million in damages.

Ostrovska v. 315 Ocean Associates, LLC: NYLJ, 11/3/08, p. 5, col. 2 (Sup. Ct. Kings; Held, J)