Trip-and-Fall on Staircase

August 31, 2006

LVT Number: 19069

Tenant sued landlord for negligence after she tripped and fell on the building's staircase. Landlord claimed that it wasn't responsible, because tenant made a misstep, and landlord asked the court to dismiss the case. The court ruled against landlord. Landlord appealed and lost. Tenant stated during pretrial questioning that she'd reached out for a handrail when she was falling, but it wasn't there. Photographs showed that the handrail didn't extend the full length of the stairway. A trial was needed to determine whether the absence of the handrail caused tenant's injuries.

Tenant sued landlord for negligence after she tripped and fell on the building's staircase. Landlord claimed that it wasn't responsible, because tenant made a misstep, and landlord asked the court to dismiss the case. The court ruled against landlord. Landlord appealed and lost. Tenant stated during pretrial questioning that she'd reached out for a handrail when she was falling, but it wasn't there. Photographs showed that the handrail didn't extend the full length of the stairway. A trial was needed to determine whether the absence of the handrail caused tenant's injuries.

Palmer v. 165 E. 72nd Apartment Corp.: NYLJ, 8/7/06, p. 38, col. 2 (App. Div. 2 Dept.; Schmidt, JP, Santucci, Luciano, Covello, JJ)

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