Was Landlord Responsible for Tenant's Injuries in Elevator Accident?

Tenant sued landlord for negligence, claiming injuries after an elevator door forcibly closed and struck her. The court ruled against tenant after trial and dismissed the case. Tenant appealed, and the case was reopened. The legal doctrine of “res ipsa loquitur” applied in this case since the event was of a kind that usually didn’t occur in the absence of negligence, was caused by something within landlord’s exclusive control, and wasn’t caused by tenant’s actions. Here, the elevator door had closed when its electronic eye failed to detect tenant’s entering the elevator. So it was more likely than not that the injury was caused by landlord’s negligence. The trial court erred in refusing to instruct the jury regarding landlord’s nondelegable duty under the law governing repairs, including elevator repairs, to multiple dwellings. This left the jury to believe incorrectly that landlord could be negligent only if it had actual or constructive notice of an elevator problem. The trial court also should have admitted the service elevator logbook into evidence as a business record. A new trial was needed. 

Barkley v. Plaza Realty Investors Inc.: 2017 NY Slip Op 01664, 2017 WL 887654 (App. Div. 1 Dept.; 2/7/17; Sweeny Jr., JP, Acosta, Mazzarelli, Manzanet-Daniels, Webber, JJ)