Tenant's Mother Claims Loose Handrail on Staircase Caused Fall

November 22, 2017

LVT Number: #28014

Tenant's mother sued landlord for negligence after she slipped and fell on an exterior concrete stairway of a two-family house. She said that the handrail moved, causing her to fall as she walked down the stairs. The court dismissed the case without a trial. Tenant's mother appealed, and the case was reopened. There were genuine issues of fact as to whether landlord had actual or constructive notice of a dangerous condition concerning the handrail. 

Tenant's mother sued landlord for negligence after she slipped and fell on an exterior concrete stairway of a two-family house. She said that the handrail moved, causing her to fall as she walked down the stairs. The court dismissed the case without a trial. Tenant's mother appealed, and the case was reopened. There were genuine issues of fact as to whether landlord had actual or constructive notice of a dangerous condition concerning the handrail. 

Kraft v. Loso: 2017 NY Slip Op 07514, 2017 WL 4812866 (App. Div. 3 Dept.; 10/26/17; Peters, PJ, McCarthy, Rose, Mulvey, Rumsey, JJ)

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