Was Lack of Nonskid Strips on Staircase Cause of Tenant's Fall?

Tenant sued landlord for negligence after slipping on a building staircase between the first floor and the basement. Tenant claimed that her fall was caused by the stair itself, which was made of smooth granite and lacked any non-skid friction strips or anything else to prevent a fall. She also claimed the lack of non-skid treads was a Building Code violation. Landlord asked the court to dismiss the case without a trial.

The court ruled against landlord. Tenant submitted an expert's sworn statement that raised questions. And in a prior case involving the same building, another tenant's expert visited the site and found the surface was extremely slippery. In this case, tenant's expert concluded that the staircase didn't have proper non-skid strips. Landlord's expert disagreed. A trial was needed to determine the facts.

Arias v. Fountain House, Inc.: Index No. 155983/2018, 2020 NY Slip Op 34066(U)(Sup. Ct. NY; 12/11/20; Bluth, J)