Was Landlord Responsible for Tenant's Fall in Driveway?

December 19, 2019

LVT Number: #30540

Monroe County tenant sued landlord for negligence after she stepped on a loose piece of asphalt in the premises driveway and then fell outside her apartment. The court ruled for tenant without trial, finding that landlord was negligent and caused tenant's injury. Landlord appealed and won. Whether a condition is defective or dangerous is generally a question of fact for a jury. Tenant claimed that the piece of asphalt in question was about the size of a tennis ball cut in half so that it was flat.

Monroe County tenant sued landlord for negligence after she stepped on a loose piece of asphalt in the premises driveway and then fell outside her apartment. The court ruled for tenant without trial, finding that landlord was negligent and caused tenant's injury. Landlord appealed and won. Whether a condition is defective or dangerous is generally a question of fact for a jury. Tenant claimed that the piece of asphalt in question was about the size of a tennis ball cut in half so that it was flat. Landlord also had submitted photographs showing that the driveway was in a reasonably safe condition. 

Jackson v. Rumpf: 2019 NY Slip Op 08291, Index No. 837 CA 18-02138 (App. Div. 4 Dept.; 11/15/19; Centra, JP, Peradotto, Carni, Troutman, Winslow, JJ)

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