Trial Needed to Determine If Landlords Are Responsible for Tenant's Slip and Fall
LVT Number: #33493
Tenant sued landlords for negligence after he slipped and fell on steps outside the house rented from them. Tenant had testified that when he returned home on Feb. 1, 2022, at 4:30 p.m., the steps were clear and there was no debris, ice, snow, or water on the steps. Tenant further testified that after having fallen while he was descending the steps the next day at 4:30 a.m., he noticed a patch of ice, that he assumed formed overnight. Landlords asked the court to dismiss the case without trial, claiming that they weren't responsible for tenant's injuries.
The court ruled against landlords. Landlords claimed that at no time on or prior to Feb. 2, 2022, were they aware of any ice conditions on the stairs. They never observed ice on the stairs, and the stairs are pitched, so water runs off them to prevent ice from forming. They also claimed that there was never a recurring condition of ice on the steps prior to Feb. 2, 2022, and to their knowledge no ice was present on Feb. 1, 2022, or Feb. 2, 2022. Landlords' claim was based on their contention that there has never been a problem with ice forming on the steps and that the steps are designed to be pitched in a manner that water purportedly "runs off of them to prevent ice from forming." But landlords didn't provide any indication of the frequency of any inspections of the property or if they ever inspect the property. They also didn't provide any testimony of how snow or ice is removed, the frequency of such removal, or how the need for such services is reported to them.
Landlords failed to establish that they didn't have constructive notice of the condition, as they failed to proffer any evidence as to when the subject area was last cleaned or inspected before tenant's fall, or that the condition existed for an insufficient length of time for them to discover and remedy it.
Folkes v. Rendazzo: Index No. 150668/2023, 2024 NY Slip Op 51567(U)(Sup. Ct. Richmond; 11/8/24; Castorina Jr., J)