Was Landlord Responsible for Building Visitor's Slip and Fall?

A building visitor sued landlord NYCHA, claiming that landlord was responsible for her slip-and-fall on an unsecured doormat outside tenant's apartment. The visitor's hand was injured in the accident, which she claimed was caused by a dangerous condition in the building. The court denied landlord's request to dismiss the case without trial. Landlord pointed out that the visitor's descriptions of what happened were inconsistent. Landlord also argued that the visitor's injury resulted when she was attacked by an intruder in the building hallway. But, until a trial was held, the court must credit the visitor's claim that she didn't fall due to a push by her attacker. She claimed that she slipped and fell due to a trip or slip on an improperly placed and improperly secured doormat when she was retreating from her attacker. Tenant's altercation with her attacker wasn't a natural and foreseeable consequence of NYCHA's failure to remove the doormat from the front door of tenant's apartment. But tenant claimed that the occurrence of the altercation was an event entirely removed from her slipping or tripping on the doormat. So a trial was needed to determine the facts.

Michael v. NYCHA: 64 Misc.3d 1210(A), 2019 NY Slip Op 51107(U) (Sup. Ct. Kings; 7/9/19; Rivera, J)