Was Landlord Responsible for Slip and Fall on Stairs?

July 17, 2014

LVT Number: #25638

Tenant sued landlord for negligence after she slipped and fell while going down a building staircase. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, who appealed and lost. Landlord showed that it had no constructive notice of any black plastic on the stairs. But there were questions of fact as to whether landlord had notice of a dangerous condition on the staircase. A trial was needed to determine whether landlord was responsible for tenant's injuries.

Tenant sued landlord for negligence after she slipped and fell while going down a building staircase. Landlord asked the court to dismiss the case without a trial. The court ruled against landlord, who appealed and lost. Landlord showed that it had no constructive notice of any black plastic on the stairs. But there were questions of fact as to whether landlord had notice of a dangerous condition on the staircase. A trial was needed to determine whether landlord was responsible for tenant's injuries.

Harris v. NYCHA: NYLJ 6/614, p. 31, col. 4 (App. Div. 2 Dept.; Skelos, JP, Balkin, Hall, Maltese, JJ)

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