Trip and Fall on Raised Linoleum

April 1, 2005

LVT Number: 17983

Tenant's home care attendant sued landlord for negligence. She claimed that she tripped and fell on raised linoleum in tenant's apartment. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and won. During pretrial questioning, the home care attendant stated that she didn't know if her fall was caused by her foot coming into contact with the raised portion of the flooring. And there was no proof that anyone in the apartment saw what happened.

Tenant's home care attendant sued landlord for negligence. She claimed that she tripped and fell on raised linoleum in tenant's apartment. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord. Landlord appealed and won. During pretrial questioning, the home care attendant stated that she didn't know if her fall was caused by her foot coming into contact with the raised portion of the flooring. And there was no proof that anyone in the apartment saw what happened. Since there was no proof that the raised linoleum caused the fall, landlord was entitled to dismissal.

Rygel v. 8750 Bay Pkwy., LLC: NYLJ, 3/28/05, p. 35, col. 2 (App. Div. 2d Dept.; Florio, JP, Adams, Miller, Santucci, JJ)

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