Was Landlord Responsible for Injury to Tenant by Broken Soap Dish?

Tenant sued landlord in 2017 for personal injuries he suffered when an allegedly defective soap dish cracked while tenant's hand was on it as he was cleaning his bathtub. After answering and conducting pre-trial questioning, landlord asked the court to dismiss the case without a trial. Landlord claimed that based on tenant's deposition testimony and photographs there was no dangerous or defective condition that caused tenant's accident. Landlord argued that tenant's decision to use the soap dish for balance was a misuse of the dish. Landlord also claimed that she had no notice of any claimed defective condition of the soap dish. Tenant argued that there were issues of fact that required a trial. He said he wasn't pressing on the soap dish when it cracked, but that there was mold and cracked tile in the bathroom walls that made the soap dish a dangerous and defective condition. Tenant also said that he and other tenants had complained to landlord about bathroom wall conditions. The court ruled against landlord, finding that landlord and tenant presented conflicting information that required a trial to resolve.

Burke v. Chen: Index No. 519594/2017, 2024 NY Slip Op 32986(U)(Sup. Ct. Kings; 8/12/24; Toussaint, J)