Was Landlord Responsible for Tenant's Fall on Front Steps?

March 29, 2017

LVT Number: #27584

Tenant sued landlord for negligence and for building code violations following his fall while descending the front steps of a two-family building. Landlord asked the court to dismiss the case without trial, claiming that she wasn’t responsible for tenant’s injuries. The court ruled for landlord. Tenant appealed and won. The appeals court found that there were questions of fact as to whether the absence of handrails was a breach of landlord’s duty to maintain the staircase in a reasonably safe condition.

Tenant sued landlord for negligence and for building code violations following his fall while descending the front steps of a two-family building. Landlord asked the court to dismiss the case without trial, claiming that she wasn’t responsible for tenant’s injuries. The court ruled for landlord. Tenant appealed and won. The appeals court found that there were questions of fact as to whether the absence of handrails was a breach of landlord’s duty to maintain the staircase in a reasonably safe condition. The court also found that tenant’s familiarity with the front stairs didn’t mean landlord didn’t have a duty to maintain the premises in a reasonably safe condition. 

 

 
DeCarlo v. Vacchio: 45 N.Y.S.3d 581, 2017 NY Slip Op 00627 (App. Div. 2 Dept; 2/1/17; Chambers, JP, Austin, Hinds-Radix, Barros, JJ)

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