Tenant's Child Used Fire Escape to Enter Building

March 1, 2002

LVT Number: 15631

Tenant sued landlord for negligence after his child was injured at the building. The child fell while trying to use a fire escape to enter the building. Landlord asked the court to dismiss the case without a trial, claiming that it wasn't responsible for injuries caused by the child's action. The court and appeals court ruled against landlord. There was proof that the building intercom systems hadn't been working for a least a month, that landlord had been informed of this, and that other tenants and landlord's own employee had used the fire escape to enter the building.

Tenant sued landlord for negligence after his child was injured at the building. The child fell while trying to use a fire escape to enter the building. Landlord asked the court to dismiss the case without a trial, claiming that it wasn't responsible for injuries caused by the child's action. The court and appeals court ruled against landlord. There was proof that the building intercom systems hadn't been working for a least a month, that landlord had been informed of this, and that other tenants and landlord's own employee had used the fire escape to enter the building. So there was a question of fact as to whether the child's use of the fire escape was a foreseeable result of landlord's failure to maintain the intercom system. A trial was needed.

Gordils v. Audobon Equities, Ltd.: NYLJ, 2/25/02, p. 19, col. 2 (App. Div.1 Dept.; Williams, JP, Mazzarelli, Ellerin, Lerner, Rubin, JJ)

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