Was Landlord Responsible for Tenant's Trip on Stairs?

February 8, 2012

LVT Number: #23896

Tenant sued landlord for negligence after he fell down a flight of stairs in his apartment building. Tenant claimed that the heel of his shoe caught on a broken or missing floor tile. Landlord claimed that it had no knowledge of any condition that may have caused tenant's injuries, and asked the court to dismiss the case. The court ruled against landlord. There was no proof of actual notice to landlord of the claimed condition before the accident, but whether landlord should have known was a question requiring a trial.

Tenant sued landlord for negligence after he fell down a flight of stairs in his apartment building. Tenant claimed that the heel of his shoe caught on a broken or missing floor tile. Landlord claimed that it had no knowledge of any condition that may have caused tenant's injuries, and asked the court to dismiss the case. The court ruled against landlord. There was no proof of actual notice to landlord of the claimed condition before the accident, but whether landlord should have known was a question requiring a trial. Tenant had previously reported tripping due to a broken or torn condition in the floor surface of the stairs.

Shellman v. Bradhurst Associates LLC: Index No. 118378/06, NYLJ No. 1202537306893 (Sup. Ct. NY; 11/28/11; Gische, J)

Topics

More like this